Packers and stockyards act 1921, as amended, 1926 and 1935

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Title:
Packers and stockyards act 1921, as amended, 1926 and 1935
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United States -- Bureau of Animal Industry
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U.S. Department of Agriculture, Bureau of Animal Industry ( Washington, D.C. )
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UNITED STATES DEPARTMENT OF AGRICULTURE
BUREAU OF ANIMAL INDUSTRY


B. A. I. Order 357



Packers and Stockyards Act

1921


As Amended, 1926 and 1935


General Rules and Regulations of the Secretary of Agriculture
with respect to Stockyard Owners, Market Agencies,
Dealers, and Licensees


Effective on and after November 25, 1935


UNITED STATES
GOVERNMENT PRINTING OFFICE


WASHINGTON : 1935



















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DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY,
SWashington, D. C., November 9, 1935.
Under the authority conferred upon the Secretary of Agriculture by the
provisions of the Packers and Stockyards Act, approved August 15, 1921
(U. S. C., title 7, sees. 181-229), as amended by the act approved May 5, 1921
(U. S. C., title 7, sec. 205), and as further amended by the act approved August
14, 1935 (Public, No. 272, 74th Cong.), and the act approved May 17, 1935,
S making appropriations for the Department of Agriculture and for the Farm
: Credit Administration for the fiscal year ending June 30, 1936, and for other
purposes (Public, No. 62, 74th Cong.), the following rules and regulations are
hereby prescribed. For the purpose of identification these rules and regula-
tions are designated as B. A. I. Order No. 357.
The rules and regulations heretofore issued by the Secretary of Agriculture
on this subject, under date of July 3, 1930 (B. A. I. Order No. 323), are hereby
i revoked to take effect on November 25, 1935, after which date the regulations
herein prescribed shall become and be effective until otherwise ordered.
R. G. TUGWELL,
Acting Secretary of Agriculture.








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UNITED STATES DEPARTMENT OF AGRICULTURE

WASHINGTON, D. C.


GENERAL RULES AND REGULATIONS FOR CARRYING OUT THE
PROVISIONS OF THE PACKERS AND STOCKYARDS ACT, 1921, WITH
RESPECT TO STOCKYARD OWNERS, MARKET AGENCIES, DEALERS,
AND LICENSEES

1. These rules and regulations are made and prescribed with respect to
stockyard owners, market agencies, dealers, and licensees under the Packers
and Stockyards Act, 1921, as amended, and copy of which is hereto annexed.
These rules and regulations shall apply and be enforced only in accordance
with and subject to the provisions of said act, as amended, including the defini-
tions of terms therein used. They shall not prevent the legitimate application
or enforcement of any valid bylaw, rule, regulation, or requirement of any
exchange, association, or other organization, or any other valid law, rule, or
regulation, to which any stockyard owner, market agency, dealer, or licensee
shall be subject, which is not inconsistent or in conflict with the act and these
rules and regulations. The term "registrant" as used herein means a market
S agency or dealer subject to title III of the act. The term "licensee" as used
herein means any person engaged in furnishing or conducting any service or
facility named in section 502 of the act to Amend the Packers and Stockyards
Act, 1921, approved August 14, 1935, and who holds a valid, unrevoked license
from the Secretary of Agriculture, as provided by said amendment.
2. Registration (sec. 303, title III) by market agencies and dealers shall be
accomplished by properly filling out and delivering to the Bureau of Animal
Industry at Washington, D. C., by mail or otherwise, a form which will be
furnished upon request for the purpose. Applications for licenses (sec. 502
(b), title V) may be made by persons subject to the licensing provisions of
the amendment by properly filling out and delivering to the Chief of the Bureau
of Animal Industry at Washington, D. C., by mail or otherwise, a form which
will be furnished by said Bureau upon request.
3. (a) Each stockyard owner and market agency shall plainly state in the
schedule of rates and charges (sec. 306, title III) filed by such stockyard
owner or market agency, the date when effective, the stockyards at which
it applies, the name and business address of the stockyard owner or market
agency, the kind of livestock, the nature of the service, and the terms or
S conditions under which the service will be rendered.
Each licensee furnishing or conducting services or facilities for which a
charge is made shall plainly state in the schedule of rates and charges (sec.
504, title V, which incorporates by reference sec. 306, title III) filed by such
1; licensee, the date when effective, the city, place, or market at which it applies,
the name and the business address of the licensee, the nature of the service or
facilities furnished, and the terms or conditions under which the service will
be rendered.
Schedules of rates and charges and amendments thereto of stockyard owners,
market agencies, and licensees shall be printed or typed on paper which is
approximately 8 by 11 inches in size, the lines of print or type being horizontal
to the 8-inch dimension. Two copies of each such schedule or amendment
S shall be filed with the Bureau of Animal Industry at Washington, D. C., at
C least one of which shall be signed by the market agency, stockyard owner, or
licensee filing the same.
The schedules of each market agency, stockyard owner, and licensee shall
be designated by successive numbers as filed. Each such schedule shall be
divided into sections which shall provide for the various classes of services
furnished by the market agency, stockyard owner, or licensee. Each amend-
ment of such schedule shall be numbered, and shall show the number of the
IIhedule of which it is an amendment. Each such amendment shall in its
(1)


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body make adequate reference to the section or sections of the schedule wh i
is amended, and shall set forth such section or sections in full In the ames*tS.
or supplemented form. Each amendment shall indicate the numbers of 0 .u
amendments to the original schedule as are in effect. After a market agms,
stockyard owner, or licensee has filed 10 amendments to its schedule, a fr-
ther change In the rates or charges shall be embodied in a new schedule whia
shall contain all rates and charges then in effect. The term "amendments
as used herein, shall include both additions to and changes in the schedule a *
file.
Each stockyard owner, market agency, and licensee shall also file with the
Bureau of Animal Industry at Washington, D. C., two copies of every role or
regulation, or set of rules or regulations, and of each amendment or Ms
meat thereto, properly printed or typed, which in any manner change, mit
or determine any part or the aggregate of the rates or charges of :sSa fl-
yard owner, market agency, or licensee, or the value of the services furlAt.
All schedules and rules or regulations and amendments thereto required t
be filed under this act shall be kept posted in a conspicuous public place b the
market agency and stockyard owner filing same. Licensees shall post ached
ules of rates, charges, and rentals in a conspicuous location in their plioes of
business where they may be readily observed by any interested person (see.
504, title V). Unless the requirement as to filing and notice Is speeficlly2
waived, as provided for in section 306 (c) (incorporated by reference In uee.
504, title V), all amendments to schedules or rules or regulations changing t a
rate or charge shall be filed with the Bureau of Animal Industry at Washing-
ton, D. C., not less than 10 days before the effective date thereof and must be
posted in a conspicuous public place by the market agency, stockyard owner,
or licensee filing the amendment at least 10 days prior to the effective date.
(M) If the same schedule is to be observed by more than one market agency
or licensee one schedule will suffice for all market agencies or licensees at any
one city, place, or market observing it whose names and business addresses are
shown on it, together with the name of the organization, if any, by which
adopted, provided at least one copy of such schedule or amendment thereto Is
signed in ink by each of the market agencies or licensees observing the same,
and filed with the Bureau of Animal Industry at Washington, D. C.
4. Each stockyard owner, registrant, and licensee shall give to the Chief of
the Bureau of Animal Industry, or his duly authorized agent, at such time In
writing or otherwise, and under oath or affir-mation if requested by such offer,
any information concerning the business of the stockyard owner, registrant,
or licensee which may be required in order to carry out the provisions of the
act and the rules and regulations thereunder.
5. Each stockyard owner, registrant, and licensee shall, during ordinary
business hours, permit any representative of the Bureau of Animal Industy
designated by the officer in charge thereof to enter the place of business and
inspect any or all property in the possession or control and all records pertain-
ing to the business of the stockyard owner, registrant, or licensee as sudich, la
order to carry out the provisions of the act and the rules and regulations
thereunder. Any necessary facilities for such inspection shall be extended to
such representative by the stockyard owner, registrant, or licensee, his agents
and employees. Such representative shall be the Secretary's duly authorized
agent for the purposes of these regulations.
6. No agent or employee of the United States shall, without the consent ad
the stockyard owner, registrant, or licensee concerned, divulge or make known
in any manner, except to such other agent or employee of the United States
as may be required to have such knowledge in the regular course of his official
duties or except in so far as he may be directed by the Secretary or by a court
of competent jurisdiction, any facts or information regarding the business of
any stockyard owner, registrant, or licensee which may come to the knowledge
of such' agent or employee through any examination or inspection of the bual-
ness or accounts of the stockyard owner, registrant, or licensee or through
any information given by the stockyard owner, registrant, or licensee pursuant
to these rules and regulations.
7. Each stockyard owner shall furnish to the Bureau of Animal Industry
at Washington, D. C., as soon as practicable, true copies of all contracts, or
changes therein, between such stockyard owner and packing, rendering, serum,
fertilizer, and other establishments relating to the stockyards of such owner,
except when It is shown that copies of such documents in the form in wheh I



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they are effective are already in the possession of the United States Government
at Washington and available to the Secretary.
8. In addition to other necessary records an accurate record of the number
of head of each class of livestock received, shipped, and disposed of locally
each day shall be kept by each stockyard owner. Each registrant buying and/or
F selling livestock on a commission basis or otherwise, in addition to other neces-
sary records, shall keep an accurate record of the number and weight of
livestock bought and/or sold each business day, the prices paid or received
therefore, and the charges made for services. Each licensee buying and/or
selling live poultry on a commission basis or otherwise, in addition to other
necessary records, shall keep an accurate record of the number of coops or
pounds of live poultry bought and/or sold each business day, the price paid
or received therefore, and the charges made for services and facilities.
9. Each stockyard owner, registrant, and licensee shall report in writing to
the Bureau of Animal Industry at Washington, D. C., within 10 days there-
? after any change of name or address or in the management or nature, or in
the substantial control or ownership, of the business of such stockyard owner,
registrant, or licensee under the act.
10. No stockyard owner, registrant, or licensee shall destroy or dispose of
any books, records, documents, or papers which contain, explain, or modify
transactions in his business under the act, without the consent in writing of
the Chief of the Bureau of Animal Industry at Washington, D. C.
:11. A stockyard owner, registrant, or licensee shall not knowingly make,
issue, or circulate any false or misleading report, record, or representation
concerning livestock or live-poultry market conditions or the price or sale of
any livestock or live poultry.
12. If any market agency or licensee acting as a broker, factor, or commis-
sion merchant shall knowingly sell or dispose of livestock or live poultry
consigned to it to any person in whose business such market agency or licensee
or any stockholder, owner, officer, or employee thereof has a pecuniary interest,
such market agency or licensee shall promptly disclose such fact in accounting
to the owner or consignor of such livestock or live poultry.
13. Whenever feed or water is furnished to livestock at stockyards or to
live poultry by or at the direction of stockyard owners, market agencies, or
licensees they shall see that it is wholesome and fit for the purpose. They
shall collect for feed so furnished according to actual or carefully estimated
weight only and in accordance with their schedules of rates and charges filed
under the act.
14. Every stockyard owner, market agency, or licensee who furnishes weigh-
ing facilities at stockyards or for weighing live poultry shall maintain and
operate such facilities so as to insure accurate weights.
15. A stockyard owner shall not discriminate unfairly with respect to the
utilization of pens, alleys, or buildings for the yarding or handling of livestock
or of space for packing, rendering, and other establishments, or otherwise in
the services and facilities of his stockyard. A licensee shall not discriminate
unfairly with respect to the utilization of facilities for the handling of live
poultry at designated cities, markets, or places or discriminate unfairly other-
wise in the services rendered threat.
16. Each stockyard owner and registrant shall exercise reasonable care and
promptness in respect to yarding, feeding, watering, weighing, or otherwise
handling livestock to prevent waste of feed, shrinkage, injury, death, or other
avoidable loss.
Each licensee shall exercise reasonable care and promptness in respect to
unloading, placing in coops, feeding, watering, weighing, transporting, or other-
wise handling live poultry to prevent waste of feed, shrinkage, injury, death,
or other avoidable loss.
17. (a) Each market agency shall, before the close of the next business
day following the sale of any livestock consigned to it for sale, transmit or
deliver to the owner or consignor of the livestock a true written account of
such sale, showing the number, weight, and price of each kind of animals
sold, the name of the purchaser, the date of sale, and such other facts as may
be necessary to complete the account. Each licensee acting as a broker, factor,
or commission merchant shall, with reasonable promptness following the sale
of live poultry consigned to it for sale, transmit or deliver to the owner or
consignor a true written account of such sale showing the number of pounds




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and the price of each kind of poultry sold, date of sale, and smuch other facts
may be necessary to complete the account. :::
(b) Every market agency and dealer shall, on or before the date of cns-
mencement of operations, execute and thereafter maintain, or cause to be
executed and thereafter maintained, reasonable bonds to suitable trustee o
secure the performance of their obligations incurred as such market agaq
or dealer, and shall immediately file or cause to be filed with the Bureau ... ...
Animal Industry at Washington, D. C., a fully executed duplicate of. sea
bond. For the purpose of this regulation. "market agency" means any pn
engaged In the business of buying or selling in commerce livestock at a steak-
yard on a commission basis, and "dealer" means any person, not a mketlt
agency, engaged in the business of buying or selling in commerce liveuta
at a stockyard either on his own account or as the employee or agent of tb
vendor or purchaser.
Such bonds may contain such other terms and conditions as may be sgre
upon between the parties thereto, not inconsistent with the requirements at
this regulation. The surety on such bond shall be a surety company approve
by the Treasury Department of the United States for bonds executed It the
United States, or any other form of indemnity may be accepted in lieu thereof
which Is found by the Chief of the Bureau of Animal Industry at Washingtos
D. C., to afford substantially equivalent protection.
The amount of such bond shall be not less than the nearest multiple of $
above the average amount of sales and/or purchases of livestock by such mar-
ket agency or dealer during two business days, based on the total number Of
the business days, and the total amount of such sales and/or purchases in the
preceding 12 months, or in such part thereof in which such market agency or
dealer did business, if any. For the purpose of this computation, 308 shall be
deemed the number of business days in a year. In any case, however, the
amount of bond shall be not less than $2,000; and when the sales and/or pur-
chases, calculated as hereinbefore specified, exceed $50.000 as to any particu-
lar market agency or dealer, the amount of the bond need not exceed $50,000
plus 10 percent of the excess. Whenever, in the Judgment of the Chief of the
Bureau of Animal Industry at Washington, D. C., the condition of the business
of any market agency or dealer is such as to render his bond inadequate, sgmuch
bond, upon notice, shall be adjusted to meet the requirements of this regulation.
If two or more dealers are the employees or agents solely of the same prin-
cipal, they may be covered by a single bond in an amount based on their coam-
bined purchases and/or sales determined in accordance with this regulation.
In any other case, two or more market agencies or dealers may be covered by
a single bond: Provided, however, That the amount of such combined bond
hall be not less than the aggregate sum of individual bonds, determined In
accordance with this regulation.
All surety bonds, or their equivalents, shall contain a provision requiring
that at least 10 days' prior notice in writing be given to the Bureau of Animal
Industry at Washington, D. C., by the party terminating such bonds or equiv-
alents, in order to effect their termination.
(c) No market agency or licensee shall make such use or disposition of
funds in its possession or control as will endanger or impair the faithful and
prompt accounting for and payment of such portion thereof as may be due the
owner or consignor of livestock or of live poultry or other person having an
interest therein, and to this end shall so handle all such funds as to prevent
their being intermingled or confused with other accounts or funds of the
market agency or licensee kept or used for other purposes.
18.& The Chief of the Bureau of Animal Industry at Washington, D. C., shall
perform for and under the supervision of the Secretary of Agriculture such
duties as he may require in enforcing the act and these rules and regulations.
19. (a) In a proceeding in which many transactions are involved and repara-
tion is claimed, the Secretary, after due notice and hearing, will find and deter-
mine the issues as to violations of the act. the injury thereby to complainant,
and the right to reparation, and thereafter afford the parties opportunity to
agree or make proof respecting the transactions and the amount of reparation
due before entering an order awarding reparation. In such cases, testimony
and exhibits bearing on the details of the transactions, and the amount of
reparation on each, should not be produced at the hearing unless pertinent to
develop other material facts.


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; (b) When the Secretary finds that reparation is due in such cases, but that
i the amount cannot be ascertained upon the record before him, the complainant
should Immediately prepare a statement showing details of the transactions on
which reparation is claimed. The statement should not include any trans-
actions not covered by the findings of the Secretary, or any transaction on
S which complaint was not filed with the Secretary within the statutory period
S provided for in section 309 (a). The statement, together with any paid bills
relevant to the transactions, or true copies thereof, should then be forwarded
S to the defendant for checking and certification as to its accuracy. The certifi-
cate must be signed in ink by a properly authorized officer of the defendant,
i and should cover all the information shown in the statement.
(c) Statements so prepared and certified shall be filed with the Secretary,
whereupon lie will consider entry of an order for reparation. The filing of
statements will not stop the running of the statute of limitations as to trans-
actions not covered by complaint or supplemental complaint.
(d) All discrepancies, duplications, or other errors in the statements should
be adjusted by the parties, and correct, agreed statements submitted to tae
Secretary.


[PUBLIC, No. 51--67TH CONGRESS]

(U. S. C., title 7, secs. 181-229)
[H. R. 6320]
AN ACT TO REGULATE INTERSTATE AND FOREIGN COMMERCE IN
LIVESTOCK, LIVESTOCK PRODUCTS, DAIRY PRODUCTS, POULTRY,
POULTRY PRODUCTS, AND EGGS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
Title I.-Definitions
This act may be cited as the "Packers and Stockyards Act, 1921."
SEc. 2. (a) When used in this Act-
(1) The term "person" includes individuals, partnerships, corporations, and
associations;
(2) The term "Secretary" means the Secretary of Agriculture;
(3) The term "meat food products" means all products and by-products
of the slaughtering and meat-packing industry--if edible;
(4) The term "livestock" means cattle, sheep, swine, horses, mules, or
gdats-whether live or dead;
(5) The term "livestock products" means all products and by-products
(other than meats and meat food products) of the slaughtering and meat-
packing industry derived in whole or in part from livestock; and
(6) The term "commerce" means commerce between any State, Territory,
or possession, or the District of Columbia, and any place outside thereof; or
between points within the same State, Territory, or possession, or the District
of Columbia, but through any place outside thereof; or within any Territory
or possession, or the District of Columbia.
(b) For the purpose of this Act (but not in anywise limiting the foregoing
definition) a transaction in respect to any article shall be considered to be in
commerce if such article is part of that current of commerce usual in the live-
stock and meat-packing industries, whereby livestock, meats, meat food products,
livestock products, dairy products, poultry, poultry products, or eggs are sent
from one State with the expectation that they will end their transit, after
purchase, in another, including, in addition to cases within the above general
description, all cases where purchase or sale is either for shipment to another
State, or for slaughter of livestock within the State and the shipment outside
the State of the products resulting from such slaughter. Articles normally in
such current of commerce shall not be considered out of such current through
resort being had to any means or device intended to remove transactions in
respect thereto from the provisions of this Act. For the purpose of this para-
graph the word State" includes Territory, the District of Columbia, possession
of the United States, and foreign nation.
30176-35- 2







6

Title IL-Packers
... w .!,.
SBOw. 201. When used in this Act-
The term "packer" means any person engaged in the business (a) of buyIg
livestock in commerce for purposes of slaughter, or (b) of manufacturing or
preparing meats or meat food products for s:ile or shipment In commerce, or
(c) of manufacturing or preparing livestock products for sale or shipment Ilx
commerce, or (d) of marketing meats, meat food products, livestock products,
dairy products, poultry, poultry products, or eggs In commerce; but no perufs
engaged in such business of manufacturing or preparing livestock products or '
in such marketing business shall be considered a packer unless-
(I) Such person is also engaged in any business referred to in clause (a)
or (b) above, or unless
(2) Such person owns or controls, directly or indirectly, through stock own-
ership or control or otherwise, by himself or through his agents, servants, or
employees, any interest in any business referred to in clause (a) or (b) above,
or unless
(3) Any interest in such business of manufacturing or preparing livestock
products, or in such marketing business is owned or controlled, directly or
indirectly, through stock ownership or control or otherwise, by himself or
through his agents, servants, or employees, by any person engaged in any busi-
ness referred to in clause (a) or (b) above; or unless
(4) Any person or persons jointly or severally, directly or indirectly,
through stock ownership or control or otherwise, by themselves or through
their agents, servants, or employees, own or control in the aggregate 20 per
centum or more of the voting power or control in such business of manufactur-
ing or preparing livestock products, or in such marketing business and also
20 per centum or more of such power or control in any business referred to
in clause (a) or (b) above.
SEC. 2(12. It shall be unlawful for any packer to:
(a) Engage in or use any unfair, unjustly discriminatory, or deceptive p
tice or device in commerce; or
(b) Make or give, in commerce, any undue or unreasonable preference or
advantage to any particular person or locality in any respect whatsoever, or
subject, in commerce, any particular person or locality to any undue or unrea-
sonable prejudice or disadvantage in any respect whatsoever; or
(c) Sell or otherwise transfer to or for any other packer, or buy or other-
wise receive from or for any other packer, any article for the purpose or with
the effect of apportioning the supply in commerce between any such packers,
if such apportionment has the tendency or effect of restrvninng commerce or
of creating a monopoly in commerce; or
(d) Sell or otherwise transfer to or for any other person, or buy or otherwise
receive from or for any other person, any article for the purpose or with the
effect of manipulating or controlling prices in commerce, or of creating a
monopoly in the acquisition of, buying, selling, or dealing in any article in
commerce, or of restraining commerce; or
(e) Engage in any course of business or do any act for the purpose or with
the effect of manipulating or controlling prices in commerce, or of creating a
-monopoly in the acquisition of, buying, selling, or dealing in any article in
commerce, or of restraining commerce; or
(f) Conspire, combine, agree, or arrange with any other persons (1) to appor-
tion territory for carrying on business in commerce, or (2) to apportion pur-
chases or sales of any article in commerce, or (3) to manipulate or control
prices in commerce; or
(g) Conspire, combine, agree, or arrange with any other person to do, or
aid or abet the doing of, any act made unlawful by subdivision (a), (b), (e),
(d), or (e).
Smc. 203. (a) Whenever the Secretary has reason to believe that any packer
has violated or is violating any provisions of this title, he shall cause a com-
plaint in writing to be served upon the packer, stating his charges in that
respect, and requiring the packer to attend and testify at a hearing at a time
and place designated therein, at least thirty days after the service of such
complaint; and at such time and place there shall be afforded the packer a
reasonable opportunity to be informed as to the evidence introduced against
him (Including the right of crossexamination), and to be heard in person or








7

by counsel and through witnesses, under such regulutlons as the Secretary
may prescribe. Any person for good cause shown may, on application, be
allowed by the Secretary to intervene in such proceeding, and appear in person
or by counsel. At any time prior to the close of the hearing the Secretary
may amend the complaint; but in case of any amendment adding new charges
the hearing shall, on the request of the packer, be adjourned for a period not
Exceeding fifteen days.
(b) If, after such hearing, the Secretary finds that the packer has violated
or is violating any provisions of this title covered by the charges, he shall make
a report in writing in which he shall state his findings as to the facts, and
shall issue and cause to be served on the packer an order requiring such packer
to cease and desist from continuing such violation. The testimony taken at
the hearing shall be reduced to writing and filed in the records of the Depart-
ment of Agriculture.
(c) Until a transcript of the record in such hearing has been filed in a
circuit court of appeals of the United States, as provided in section 204, the
Secretary at any time, upon such notice and in such manner as he deems
proper, but only after reasonable opportunity to the packer to be heard, may
amend or set aside the report or order, in whole or in part.
(d) Complaints, orders, and other processes of the Secretary under this
section may be served in the same manner as provided in section 5 of the Act
entitled "An Act to create a Federal Trade Commission, to define its powers
and duties, and for other purposes," approved September 26, 1914.
SEc. 204. (a) An order made under section 203 shall be final and conclusive
unless within thirty days after service the packer appeals to the circuit court
of appeals for the circuit in which he has his principal place of business, by
filing with the clerk of such court a written petition praying that the Secre-
tary's order be set aside or modified in the manner stated in the petition,
together with a bond in such sum as the court may determine, conditioned
that such packer will pay the costs of the proceedings if the court so directs.
(b) The clerk of the court shall immediately cause a copy of the petition
to be delivered to the Secretary, and the Secretary shall forthwith prepare,
certify, and file in the court a full and accurate transcript of the record in
such proceedings, including the complaint, the evidence, and the report and
order. If before such transcript is filed the Secretary amends or sets aside
his report or order, in whole or in part, the petitioner may amend the petition
within such time as the court may determine, on notice to the Secretary.
(c) At any time after such transcript is filed the court, on application of the
Secretary, may issue a temporary injunction restraining, to the extent it deems
proper, the packer and his officers, directors, agents, and employees, from vio-
lating any of the provisions of the order pending the final determination of the
appeal.
(d) The evidence so taken or admitted, duly certified and filed as aforesaid
as a part of the record, shall be considered by the court as the evidence in the
case. The proceedings in such cases in the circuit court of appeals shall be
made a preferred cause and shall be expedited in every way.
(e) The court may affirm, modify, or set aside the order of the Secretary.
(f) If the court determines that the just and proper disposition of the case
requires the taking of additional evidence, the court shall order the hearing to
be reopened for the taking of such evidence, in such manner and upon such
terms and conditions as the court may deem proper. The Secretary may
modify his findings as to the facts, or make new findings, by reason of the
additional evidence so taken, and he shall file such modified or new findings and
his recommendations, if any, for the modification or setting aside of his order,
with the return of such additional evidence.
(g) If the circuit court of appeals affirms or modifies the order of the Sec-
retary, its decree shall operate as an injunction to restrain the packer, and his
officers, directors, agents, and employees from violating the provisions of such
order or such order as modified.
(h) The circuit court of appeals shall have exclusive jurisdiction to review.
and to affirm, set aside, or modify, such orders of the Secretary, and the decree
of such court shall be final except that it shall be subject to review by the
Supreme Court of the United States upon certiorari, as provided in section 240
of the Judicial Code, if such writ is duly applied for within sixty days after
entry of the decree. The issue of such writ shall not operate as a stay of the
decree of the circuit court of appeals, in so far as such decree operates as an
Injunction, unless so ordered by the Supreme Court.




..... : ..... ....

I:"E[


(1) ror the purposes of this title the term "circuit court of appeals," ha,
case the principal place of business of the packer Is In the District of Columbnu,
means the Court of Appeals of the District of Columbia.
Sam 205. Any packer, or any officer, director, agent, or employee of a packs?,
who fails to obey any order of the Secretary issued under the provisions ot
section 203, or such order as modified-
(1) After the expiration of the time allowed for filing a petition tn the
circuit court of appeals to set aside or modify such order, If no such petition
has been filed within such time; or
(2) After the expiration of the time allowed for applying for a writ of
certiorari, if such order, or such order as modified, has been sustained by the
circuit court of appeals and no such writ has been applied for within such
time; or
(3) After such order, or such order as modified, has been sustained by t3e
courts as provided in section 204: shall on conviction be fined not less tin
$500 nor more than $10,000, or imprisoned for not less than six months nor
more than five years, or both. Each day during which such failure confines
shall be deemed a separate offense.
Title III.-Stockyards
Sm. 301. When used in this Act-
(a) The term "stockyard owner" means any person engaged in the busins
of conducting or operating a stockyard:
(b) The term "stockyard services" means services or facilities furnished at
a stockyard in connection with the receiving, buy ing, or sellng on a commt-
sion basis or otherwise, marketing, feeding, watering, holding, delivery, shi
ment, weighing, or handling, in commerce, of livestock;
(c) The term market agency" means any person engaged in the budMsiness
of (1) buying or selling in commerce livestock at a stockyard on a commission
basis or (2) furnishing stockyard services; and
(d) The term "dealer" means any person, not a market pyagency, engaged
in the business of buying or selling in commerce livestock at a stockyard, either
on his own account or as the employee or agent of the vendor or purchaser.
SEC. 302. (a) When used in this title the term "stockyard" means any
place, establishment, or facility commonly known as stockyards, conducted or
operated for compensation or profit as a public market, consisting of penes, o
other inclosures, and their appurtenances, in which live cattle, sheep, swine,
horses, mules, or goats are received, held, or kept for sale or shipment in com-
merce. This title shall not apply to a stockyard of which the area normally
available for handling livestock, exclusive of runs, alleys, or passage ways, Is
less than twenty thousand square feet.7
(b) The Secretary shall from time to time ascertain, after such inquiry S
he deems necessary, the stockyards which come within the foregoing definition,
and shall give notice thereof to the stockyard owners concerned, and give public
notice thereof by posting copies of such notice in the stockyard, and In suc
other manner as he may determine. After the giving of such notice to the
stockyard owner and to the public, the stockyard shall remain subject to the
provisions of this title until like notice is given by the Secretary that such.
stockyard no longer comes within the foregoing definition.
SC. 303. After the expiration of thirty days after the Secretary has given
public notice that any stockyard is within the definition of section 302, by
posting copies of such notice in the stockyard, no person shall carry on the
business of a market agency or dealer at such stockyard unless he has registered
with the Secretary under such rules and regulations as the Secretary may pte- 1
scribe, his name and address. the character of business in which he is engaged,
and the kinds of stockyard services, If any, which he furnishes at such stock-
yard. Whoever violates the provisions of this section shall be liable toe a
penalty of not more than $500 for each such offenBe and not more than Coer
each day it continues, which shall accrue to the United Sttes and mq be KID'
covered In a civil action brought by the United States.
SEC. 304.' It shall be the duty of every stockyard owner and market agency
to furnish upon reasonable request, without discrimination, reasonable stock-
yard services at such stockyard: Provided, That in any State where the weigh-

'IAmended by an act of Congress approved May 5, 1926. All
les ha wetytouan surefet










Ing of livestock at a stockyard is conducted by a duly authorized department
or agency of the State, the Secretary, upon application of such department
or agency, may register it as a market agency for the weighing of livestock
received in such stockyard, and upon such registration such department or
agency and the members thereof shall be amenable to all the requirements of
this act, and upon failure of such department or agency or the members thereof
to comply with the orders of the Secretary under this act he is authorized to
revoke the registration of such department or agency and to enforce such
revocation as provided in section 315 of this act.
SEc. 305. All rates or charges made for any stockyard services furnished
at a stockyard by a stockyard owner or market agency shall be just, reasonable,
and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate
or charge is prohibited and declared to be unlawful.
SBC. 306. (a) Within sixty days after the Secretary has given public notice
that a stockyard is within the definition of section 302, by posting copies of
such notice in the stockyard, the stockyard owner and every market agency
Sat such stockyard shall file with the Secretary, and print and keep open to
public inspection at the stockyard, schedules showing all rates and charges for
the stockyard services furnished by such person at such stockyard. If a market
agency commences business at the stockyard after the expiration of such
sixty days such schedules must be filed before any stockyard services are
furnished.
(b) Such schedules shall plainly state all such rates and charges in such
detail as the Secretary may require, and shall also state any rules or regula-
tions which in any manner change, affect, or determine any part or the aggre-
gate of such rates or charges, or the value of the stockyard services furnished.
The Secretary may determine and prescribe the form and manner in which
such schedules shall be prepared, arranged, and posted, and may from time to
time make such changes in respect thereto as may be found expedient.
(c) No changes shall be made in the rates or charges so filed and published,
except after ten days' notice to the Secretary and to the public filed and pub-
lished as aforesaid, which shall plainly state the changes proposed to be made
and the time such changes will go into effect; but the Secretary may, for good
cause shown, allow changes on less than ten days' notice, or modify tl]e require-
ments of this section in respect to publishing, posting, and filing of schedules,
either in particular instances or by a general order applicable to special or
peculiar circumstances or conditions.
(d) The Secretary may reject and refuse to file any schedule tendered for
filing which does not provide and give lawful notice of its effective date, and
any schedule so rejected by the Secretary shall be void and its use shall be un-
lawful.
(e) Whenever there is filed with the Secretary any schedule, stating a new
rate or charge, or a new regulation or practice affecting any rate or charge, the
Secretary may either upon complaint or upon his own initiative without com-
plaint, at once, and, if he so orders, without answer or other formal pleading
by the person filing such schedule, but upon reasonable notice, enter upon a
hearing .concerning the lawfulness of such rate, charge, regulation, or practice,
and pending such hearing and decision thereon the Secretary, upon filing with
such schedule and delivering to the person filing it a statement in writing of
his reasons for such suspension, may suspend the operation of such schedule
and defer the use of such rate, charge, regulation, or practice, but not for a
longer period than thirty days beyond the time when it would otherwise go
into effect; and after full hearing, whether completed before or after the rate,
charge, regulation, or practice goes into effect, the Secretary may make such
order with reference thereto as would be proper in a proceeding initiated after
it had become effective. If any such hearing can not be concluded within the
period of suspension, the Secretary may extend the time of suspension for a
further period not exceeding thirty days, and if the proceeding has not been
concluded and an order made at the expiration of such thirty days, the proposed
change of rate, charge, regulation, or practice shall go into effect at the end
of such period.
(f) After the expiration of the sixty days referred to in subdivision (a) no
person shall carry on the business of a stockyard owner or market agency un-
less the rates and charges for the stockyard services furnished at the stock-
yard have been filed and published in accordance with this section and the
orders of the Secretary made thereunder; nor charge, demand, or collect a







10

greater or less or different compensation for such services than therates aM
charges specified In the schedules filed and in effect at the time; nor r
or remit in any manner any portion of the rates or charges so specified Qm{
this shall not prohibit a cooperative association of producers from bona .
returning to its members, on a patronage basis, its excess earning on thei
livestock, subject to such regulations as the Secretary may prescribe); a W,
extend to auy person at such stockyard any stockyard services except snel1:
as are specified in such schedules.
(g) Whoever fails to comply with the provisions of this section or OCf *AY 1
regulation or order of the Secretary made thereunder shall be liable to a
penalty of not more than $500 for each such offense, and not more than S o. 'r.
each day it continues, which shall accrue to the United States and may be
recovered in a civil action brought by the United States.
(h) Whoever willfully fails to comply with the provisions of this ustlm
or of any regulation or order of the Secretary made thereunder shall on s
eviction be fined not more than $1,000, or Imprisoned not more than omme yew,
or both.
Stc. 307. It shall be the duty of every stockyard owner and market age
to establish, observe, and enforce just, reasonable, and nondiscriminatory M ue-
lations and practices in respect to the furnishing of stockyard services and
every unjust, unreasonable, or discriminatory regulation or practice Is prlIhINtd
and declared to be unlawful.
SEc. 308. (a) If any stockyard owner, market agency, or dealer violates any
of the provisions of sections 304, 305, 306, or 307, or of any order of the
Secretary made under this title, he shall be liable to the person or permons
injured thereby for the full amount of damages sustained in consequeee of
such violation.
(b) Such liability may be enforced either (1) by complaint to the Secretary
as provided in section 309, or (2) by suit in any district court of the United
States of competent jurisdiction; but this section shall not in any way abridge
or alter the remedies now existing at common law or by statute, but the pro-
visions of this act are in addition to such remedies.
SEC. 309. (a) Any person complaining of anything done or omitted, to be
done by any stockyard owner, market agency, or dealer (hereinafter in this
section referred to as the "defendant ") in violation of the provisions of tsee-
tions 304, 305, 306. or 307, or of an order of the Secretary made under this
title, may. at any time within ninety days after the cause of action accrues,
apply to the Secretary by petition which shall briefly state the facts, where-
upon the complaint thus made shall be forwarded by the Secretary to the de-
fendant, who shall be called upon to satisfy the complaint, or to answer it In.
writing, within a reasonable time to be specified by the Secretary. If the de-
fendant within the time specified makes reparation for the injury alleged to
be done he shall be relieved of liability to the complainant only for the par-
ticular violation thus complained of. If the defendant does not satisfy the
complaint within the time specified, or there appears to be any reasonable
ground for investigating the complaint, it shall be the duty of the Secretary
to investigate the matters complained of in such manner and by such mwasw
as lie pdeems proper.
(b) The Secretary, at the request of the livestock commissioner, broad of
agriculture, or other agency of a State or Territory having jurisdiction over:
stockyards in such State or Territory, shall investigate any complaint fe -;
warded by such agency in like manner and with the same authority and power
as in the case of a complaint made under subdivision (a).
(c) The Secretary may at any time institute an inquiry on his own motion,
in any case and as to any matter or thing concerning which a complaint is au-
thorized to be made to or before the Secretary, by any provision of this title,
or concerning which any question may arise under any of the provisions of
this title, or relating to the enforcement of any of the provisions of this title4
The Secretary shall have the same power and authority to proceed with any
inquiry Instituted upon his own motion as though he had been appealed to
by petition, including the power to make and enforce any order or orders lk
the case or relating to the matter or thing concerning which the inquiry Is
had, except orders for the payment of money.
(d) No complaint shall at any time be dismissed because of the absence of
direct damage to the complainant



4i
..




F'


11

(e) If after hearing on a complaint the Secretary determines that the com-
plainant is entitled to an award of damages, the Secretary shall make an order
directing the defendant to pay to the complainant the sum to which he is
entitled on or before a day named.
(f) If the defendant does not comply with an order for the payment of money
within the time limit in such order, the complainant, or any person for whose
benefit such order was made, may within one year of the date of the order
file in the district court of the United States for the district in which he resides
or in which is located the principal place of business of the defendant, or in
any State court having general jurisdiction of the parties, a petition setting
forth briefly the causes for whi(-h he claims damages and the order of the
Secretary in the premises. Such suit in the district court shall proceed in all
respects like other civil suits for damages except that the findings and orders
of the Secretary shall be prima facie evidence of the facts therein stated, and
the petitioner shall not be liable for costs in the district court nor for costs
at any subsequent stage of the proceedings unless they accrue upon his appeal.
If the petitioner finally prevails, he shall be allowed a reasonable attorney's
fee to be taxed and collected as a part of the costs of the suit.
Smc. 310. Whenever after full hearing upon a complaint made as provided
in section 309, or after full hearing under an order for investigation and
hearing made by the Secretary on his own initiative, either in extension of
any pending complaint or without any complaint Whatever, the Secretary is
of the opinion that any rate, charge, regulation, or practice of a stockyard
owner or market agency, for or in connection with the furnishing of stockyard
services, is or will be unjust, unreasonable, or discriminatory, the Secretary-
(a) May determine and prescribe what will be the just and reasonable
rate or charge, or rates or charges, to be thereafter observed in such case, or
the maximum or minimum, or maximum and minimum, to be charged, and
what regulation or practice is or will be just, reasonable, and nondiscrim-
inatory to be thereafter followed; and
(b) May make an order that such owner or operator (1) shall cease and
desist from such violation to the extent to which the Secretary finds that it
does or will exist; (2) shall not thereafter publish, demand, or collect any
rate or charge for the furnishing of stockyard services other than the rate or
charge so prescribed, or in excess of the maximum or less than the minimum
so prescribed, as the case may be; and (3) shall conform to and observe
the regulation or practice so prescribed.
SEc. 311. Whenever in any investigation under the provisions of this title,
or in any investigation instituted by petition of the stockyard owner or market
agency concerned, which petition is hereby authorized to be filed, the Secretary
after full hearing finds that any rate, charge, regulation, or practice of any
stockyard owner or market agency, for or in connection with the buying or
selling on a commission basis or otherwise, receiving, marketing, feeding, hold-
ing, delivery, shipment, weighing, or handling, not in commerce, of livestock,
causes any undue or unreasonable advantage, prejudice, or preference as
between persons or localities in intrastate commerce in livestock on the one
hand and interstate or foreign commerce in livestock on the other hand, or
any undue, unjust, or unreasonable discrimination against interstate or foreign
commerce in livestock, which is hereby forbidden, and declared to be unlawful,
the Secretary shall prescribe the rate, charge, regulation, or practice there-
after to be observed, in such manner as, in his judgment, will remove such
advantage, preference, or discrimination. Such rates, charges, regulations, or
practices shall be observed while in effect by the stockyard owners or market
agencies parties to such proceeding affected thereby, the law of any State or
the decision or order of any State authority to the contrary notwithstanding.
SEC. 312. (a) It shall be unlawful for any stockyard owner, market agency,
or dealer to engage in or use any unfair, unjustly discriminatory, or deceptive
practice or device in connection with the receiving, marketing, buying or selling
on a commission basis or otherwise, feeding, watering, holding, delivery, ship-
ment, weighing or handling, in commerce at a stockyard, of livestock.
(b) Whenever complaint is made to the Secretary by any person, or when-
ever the Secretary has reason to believe, that any stockyard owner, market
agency, or dealer is violating the provisions of subdivision (a), the Secretary
after notice and full hearing may make an order that he shall cease and desist
from continuing such violation to the extent that the Secretary finds that It
does or will exist.





..... hql.
12

Sic. 813. Except as otherwise provided in this Act, all orders of the Secrals a I
under this title, other than orders for the payment of money, sMhall take
within such reasonable time, not less than five days, as is prescribed layS
order, and shall continue in force until his further order, or for a sped
period of time, according as is prescribed in the order, unless such order fs ol I
pentled or modified or set aside by the Secretary or is suspended or set aside..
by a court of competent Jurisdiction. :
SEX. 314. (a) Any stockyard owner, market agency, or dealer who knwl. :
tails to obey any order made under the provisions of sections 810. 811, aor.
shall forfeit to the United States the sum of $500 for each offense. Bebh dis-
tinct violation shall be a separate offense, and in case of a continuing violate i
each (lday shall be deemed a separate offense. Such forfeiture shall be rmew :so
able in a civil suit in the name of the United States.
(b) It shall be the duty of the various district attorneys, under the directions
of the Attorney General, to prosecute for the recovery of forfeitures. LThe costs
and expenses of such prosecution shall be paid out of the appropriation f toe
expenses of the courts of the United States. 4
SEc. 315. If any stockyard owner, market agency, or dealer fails to obq say
order of the Secretary other than for the payment of money while the eams
is in effect, the Secretary, or any party injured thereby, or the United Stalte
by its Attorney General, may apply to the district court for the district a
which such person has his principal place of business for the enforcement o
such order. If after hearing the court determines that the order was lawfully
made and duly served and that such person is in disobedience of the saie the
court shall enforce obedience to such order by a writ of injunction or other
proper process, mandatory or otherwise, to restrain such person, his olcers,
agents, or representatives from further disobedience of such order or to enjoin
upon him or ti m obedience to the same.
SEC. 316. For the purposes of this title, the provisions of all laws relating
to the suspending or restraining the enforcement, operation, or executive o,
or the setting aside in whole or in part the orders of the Interstate Oomere
Commission, are made applicable to the jurisdiction, powers, and duties of the
Secretary in enforcing the provisions of this title, and to any person subject
to the provisions of this title.
Title IV.-General Provisions
SEC. 401. Every packer, stockyard owner, market agency, and dealer shall
keep such accounts, records, and memoranda as fully and correctly disclose aMu
transactions involved in his business, including the true ownership of such
business by stockholding or otherwise. Whenever the Secretary finds that the
accounts, records, and memoranda of any such person do not fully and : o.
rectly disclose all transactions involved in his business, the Secretary say
prescribe the manner and form in which such accounts, records, and mema-
randa shall be kept, and thereafter any such person who fails to keep such
accounts, records, and memoranda in the manner and form prescribed: or
approved by the Secretary shall upon conviction be fined not more than $510M6
or imprisoned not more than three years, or both. :
SEC. 402. For the efficient execution of the provisions of this Act, andl .m
order to provide information for the use of Congress, the provisions (Including
penalties) of sections 6, 8. 9, and 10 of the Act entitled "An Act to create a
Federal Trnide Commission, to define its powers and duties, and for other 1pur
poses," approved September 26, 1914, are made applicable to the jurisdiction,
powers, and duties of the Secretary in enforcing the provisions of this Act aMd
to any person subject to the provisions of this Act, whether or not a corporar
tion. The Secretary, in person or by such agents as he may designate, may
prosecute any inquiry necessary to his duties under this Act in any part of the
United States..
SEC. 403. When construing and enforcing the provisions of this Act, the act
omission, or failure of any agent, officer, or other person acting for or
played by any packer, stockyard owner, market agency, or dealer, within tihe
scope of his employment or office, shall in every case also be deemed the am.
omission, or failure of such packer, stockyard owner, market agency, or deam,
as well as that of such agent, officer, or other person.
SEC. 404. The Secretary may report any violation of this Act to the Attormai
General of the United States, who shall cause appropriate proceedings to :i


Iii
A,.








13

commenced and prosecuted in the proper courts of the United States without
delay.
SaC. 405. Nothing contained in this Act, except as otherwise provided herein,
shall be construed-
(a) To prevent or interfere with the enforcement of, or the procedure under,
S the provisions of the Act entitled "An Act to protect trade and commerce
against unlawful restraints and monopolies," approved July 2, 1890, the Act
entitled "An Act to supplement existing laws against unlawful restraints anti
monopolies, and for other purposes," approved October 15, 1914, the Interstate
Commerce Act as amended, the Act entitled "An Act to promote export trade,
and for other purposes," approved April 10, 1918, or sections 73 to 77, inclusive,
of the Act of August 27, 1894, entitled "An Act to reduce taxation, to provide
revenue for the Government, and for other purposes," as amended by the Act
entitled "An Act to amend sections seventy-three and seventy-six of the Act
of August twenty-seventh, eighteen hundred and ninety-four, entitled 'An
SAct to reduce taxation, to provide revenue for the Government, and for other
purposes,'" approved February 12, 1913, or
(b) To alter, modify, or repeal such Acts or any part or parts thereof, or
(c) To prevent or interfere with any investigation, proceeding, or prosecu-
tion begun and pending at the time this Act becomes effective.
SEC. 406. (a) Nothing in this Act shall affect the power or jurisdiction of
the Interstate Commerce Commission, nor confer upon the Secretary concurrent
power or jurisdiction over any matter within the power or jurisdiction of such
Commission.
(b) On and after the enactment of this Act, and so long as it remains in
effect, the Federal Trade Commission shall have no power or jurisdiction so
far as relating to any matter which by this Act is made subject to the jurisdic-
tion of the Secretary, except in cases in which, before the enactment of this
Act, complaint has been served under section 5 of the Act entitled "An Act
to create a Federal Trade Commission, to define its powers and duties, and
for other purposes," approved September 26, 1914, or under section 11 of the
Act entitled "An Act to supplement existing laws against unlawful restraints
and monopolies, and for other purposes," approved October 15, 1914, and except
when the Secretary of Agriculture, in the exercise of his duties hereunder, shall
request of the said Federal Trade Commission that it make investigations and
report in any case.
SEC. 407. The Secretary may make such rule, regulations, and orders as
may be necessary to carry out the provisions of this Act and may cooperate
with any department or agency of the Government, any State, Territory, Dis-
trict, or possession, or department, agency, or political subdivision thereof, or
any person; and shall have the power to appoint, remove, and fix the compensa-
tion of such officers and employees, not jn conflict with existing law, and make
such expenditures for rent outside the District of Columbia, printing, tele-
grams, telephones, law books, books of reference, periodicals, furniture, sta-
tionery, office equipment, travel, and other supplies and expenses as shall be
necessary to the administration of this Act in the District of Columbia and
elsewhere, and as may be appropriated for by Congress, and there is hereby
authorized to be appropriated, out of any money in the Treasury not otherwise
appropriated, such sums as may be necessary for such purpose.
SEC. 408. If any provision of this Act or the application thereof to any person
or circumstances is held invalid, the validity of the remainder of the Act and
of the application of such provision to other persons and circumstances shall
not be affected thereby.
Approved, August 15, 1921.

[PUBLIC-"No. 272-74TH CONGRESS]
IS. 121
AN ACT TO AMEND THE PACKERS AND STOCKYARDS ACT

Be it enacted by the Senate and Houtse of Representatives of the United
States of America in Congress assembled, That the Act to regulate interstate
and foreign commerce in livestock, livestock products, dairy products, poultry,








14

poultry products, and eggs, and ftor other purpose anve August 1 S, S
(U. S. C., title 7. sees. 181-229), It hereby amended by the addition Of t :*U.
lowing title:
'Title V-Live Poultry Dealers and Banes
,,""i :ii ||ii
.HI I ":E ...EEE......




SrrbON 501. The handling of the great volume of live poultry z'i
an article of food for the inhabitants of large centers of population Iovtif
ant with various unfair, deceptive, and fraudulent practices and demieofl"'tb
suiting in the producers sustaining sundry losses and receiving pries far Wflr
the reasonable value of their live poultry In comparison with prices f 01W
commodities and in unduly and arbitrarily enhancing the cot to te co :a
ers. Such practices and devices are an undue restraint and d tnJust bIffik
upon interstate commerce and are a matter of such grave concern to the btiu.
try and to the public as to make It imperative that steps be taken to frbe dit
commerce from such burden and restraint and to protect producers and aon-
sumers against such practices and devices. *
SEc. 502. (a) The Secretary of Agriculture is authorized and di lc'd to
ascertain from time to time and to designate the cities where such practices
and devices exist to the extent stated in the preceding section and the Iahitts
and places In or near such cities where live poultry is received, sold, andlan-
died in sufficient quantity to constitute an Important influence on the supply
and price of live poultry and poultry products. On and after the effective te
of such designation, which shall be publicly announced by the Secretary b,
publication in one or more trade Journals or in the daily press or in suh other
manner as he may determine to be adequate for the purpose approximately
thirty days prior to such date, no person other than packers as defsiedsi
title II of said Act and railroads shall engage In, furnish, or conduct any
service or facility in any such designated city, place, or market I Connection
with the receiving, buying, or selling, on a commission basis or otherwise,
marketing, feeding, watering, holding, delivering, shipping, weighing, unloading,
loading on trucks, trucking, or handling in commerce of live poultry without ij
a license from the Secretary of Agriculture as herein authorized valid and
effective at such time. Any person who violates any provision of this subsec-
tion shall be subject to a fine of not more than $500 or imprisonment of hot
more than six months, or both. *p !e i
"(b) Any person desiring a license shall make application to the Secretaeyr i
who may by regulation prescribe the Information to be contained In usit o .ip
plication. The Secretary shall issue a license to any applicant furnishlbg
the required information unless he finds after opp ortunity for a hearing at-,
such applicant is unfit to engage in the activity for which he has made .I
plicaton by reason of his having at any time within two years prior to Bil
application engaged in any practice of the character prohibited by this At
or because he is financially unable to fulfill the obligations that he t d |
Incur as a licensee.
"SEX 503. Sections 202, 401, 402, 408, and 404 of said Act are amend by
the addition of the words 'or any live poultry dealer or handler' after thel
word 'packer' wherever it occurs in said sections. The term ln vepoitty ?
dealer'I means any person engaged in the business of buying or elig e
poultry in commerce for purposes of slaughter either on his own account as
the employee or agent of the vendor or purchaser.
"rSEC. 504. The provisions of sections 305 to 316, both Inclusive, 4K1, L
403, and 404 of said Act shall he applicable to licensees with respect to erl
and facilities covered by this title and the rates, charges, and rentals thtr
except that the schedules of rates, charges, and rentals shall be posted In Me
place of business of the licensee as prescribed in regulations made by tet
Secretary.
"SEC. 505. Whenever the Secretary determines, after opportunity for a
hearing, that any licensee has violated or is violating any of the provisions S
this title, he may publish the facts and circumstances of such violation and fl
order suspend the license of such offender for a period not to exceed hinet
days and if the violation Is flagrant or repeated he may by order o :ii|
license of the offender." 1
Approved, August 14, 1935. 1' ii








15

EXTRACTS FROM FEDERAL TRADE COMMISSION ACT
AN ACT TO CREATE A FEDERAL TRADE COMMISSION, TO DEFINE ITS POWERS AND
DUTIES, AND FOR OTHER PURPOSES
:* S S *
Sm. 4. That the words defined in this section shall have the following
meaning when found in this Act, to wit:
"Commerce" means commerce among the several States or with foreign
nations, or in any Territory of the United States or in the District of Columbia,
or between any such Territory and another, or between any such Territory
and State or foreign nation, or between the District of Columbia and any State
or Territory or foreign nation.
"Corporation" means any company or association, incorporated or unincor-
porated, which is organized to carry on business for profit and has shares of
S capital or capital stock, and any company or association, incorporated or unin-
corporated, without shares of capital or capital stock, except partnerships, which
is organized to carry on business for its own profit or that of its members.
"Documentary evidence" means all documents, papers, and correspondence
in existence at and after the passage of this Act.
"Acts to regulate commerce" means the Act entitled "An Act to regulate
commerce," approved February fourteenth, eighteen hundred and eighty-seven,
and all acts amendatory thereof and supplementary thereto.
"Antitrust acts" means the Act entitled "An Act to protect trade and com-
merce against unlawful restraints and monopolies," approved July second,
eighteen hundred and ninety; also the sections seventy-three to seventy-seven,
inclusive, of an Act entitled "An Act to reduce taxation, to provide revenue for
the Government, and for other purposes," approved August twenty-seventh,
eighteen hundred and ninety-four; and also the Act entitled "An Act to amend
sections seventy-three and seventy-six of the Act of August twenty-seventh,
eighteen hundred and ninety-four, entitled 'An Act to reduce taxation, to pro-
vide revenue for the Government, and for other purposes,'" approved February
twelfth, nineteen hundred and thirteen.
*f *
SEC. 6. That the Commission shall also have power-
(a) To gather and compile information concerning and, to investigate from
time to time the organization, business, conduct, practices, and management
of any corporation engaged in commerce, excepting banks and common carriers
subject to the Act to regulate commerce, and its relation to other corporations
and to individuals, associations, and partnerships.
(b) To require, by general or special orders, corporations engaged in com-
merce, excepting banks, and common carriers subject to the Act to regulate
commerce, or any class of them, or any of them, respectively, to file with the
Commission in such form as the commission may prescribe annual or special,
or both annual and special, reports or answers in writing to specific questions,
furnishing to the Commission such information as it may require as to the
organization, business, conduct, practices, management, and relation to other
corporations, partnerships, and individuals of the respective corporations filing
such reports or answers in writing. Such reports and answers shall be made
under oath, or otherwise, as the Commission may prescribe, and shall be filed
with the Commission within such reasonable period as the Commission may
prescribe, unless additional time be granted in any case by the Commission.
(e) Whenever a final decree has been entered against any defendant cor-
poration in any suit brought by the United States to prevent and restrain any
violation of the antitrust acts, to make investigation, upon its own initiative, of
the manner in which the decree has been or is being carried out, and upon the
application of the Attorney General it shall be its duty to make such investiga-
tion. It shall- transmit to the Attorney General a report embodying its findings
and recommendations as a result of any such investigation, and the report shall
be made public in the discretion of the Commission.
(d) Upon the direction of the President or either House of Congress to
investigate and report the facts relating to any alleged violations of the anti-
trust acts by any corporation.
(e) Upon the application of the Attorney General to investigate and make
recommendations for the readjustment of the business of any corporation







16 I

alleged to be violating the antitrust acts In order that the corporation msay
thereafter maintain its organization, management, and conduct of businee In'
accordance with law. '
(f) To make public from time to time such portions of the information
obtained by it hereunder, except trade secrets and names of customers, as it
shall dieem expedient in the public interest; and to make annual and special
reports u the Congress and to submit therewith recommendations for addi- :
tional legislation; and to provide for the publication of its reports and diCl-
sionus in such form and manner as may be best adapted for public Information
and use.
(g) From time to time to classify corporations and to make rules and regu-
lations for the purpose of carrying out the provisions of this Act.
(h) To invtitigate, from time to time, trade conditions in and with forta
countries where associations, combinations, or practices of manufacturer, mer-
chants, or traders, or other conditions, may affect the foreign trade of the
United States, and to report to Congress thereon, with such recommendaflos
as it deems advisable.
S S S S
SEC. 8. That the several departments and bureaus of the Government whea
directed by the President shall furnish the Commission, upon its request, all
erdsrNL, lpaliers, and information in their possession relating to any corporation
subject to liany of the provisions of this Act, and shall detail from time to time
such officials and employees to the Commission as he may direct.
SEC. .. That for the purposes of this Act the Commission, or its duly author-
ized agent or agents, shall at all reasonable times have access to, for the pur-
pose of examination, and the right to copy any documentary evidence of any
corpiratson being investigated or proceeded against; and the Commission shall
have power to require by sublpoena the attend lance and testimony of witnesses
and the production of all such documentary evidence relating to any matter
under investigation. Any member of the Commission may sign subpoenas, and
members and examiners of the Commission may administer oaths and
affirniatit us, examine witnesses, and receive evidence.
1,udi attendance o(f witne-ses, and the pjlduction of such documentary
evidence, may be required from any place in the United States, at any desig-
nated place of hearing. And in case of disobedience to a subpoena the Com-
mission may invoke the aid of any court of the United States in requiring
the attendance and testimony of witnesses and tlhe production of documentary
evidence.
Any of the district courts of the United States within the jurisdiction of
which su h inquiry is carried on may, in case of contumacy or refusal to "
obey a subpovena issued to any corporation or other person, issue an order
requiring suhli corporation or other person to appear before the Commission,
or to produce d(tcumentary evidence if so ordered. or to give evidence touching
the matter in question: and any failure to obey such order of the court may ,
be punished by such court as a contempt thereof.
Upon the application of the Attorney General of the United States, at the
request c-f the C<,mmission, the district courts of the United States shall have
jurisdiction to issue writs of mandamus commanding any person or corporation
to comply with the provisions of this Act or any order of the Commission made
in pursuance thereof.
The Commission may order testimony to he taken by deposition in any pro-
ceeding or investigation spending under this Act at any stage of such proceedingt
or investigation. Sucli depositions may be t.:kn before any person designated
by the Commission and having power to afndmnitpr oaths. Such testimony
shall be reduced to writing by the person t:ikiu the deposition, or under his
direction, andi shall then be subscribed by the th-pnent. Any person may be
compelled to appear and depose and to produce documentary evidence in the
snme manner as witnesses may he comp"illed to appear and testify and prodne 1
documentary evidence before the Commssi.on as hereinbefore provided. ,
Witnesses summoned Ibefore the Conmmisin shall he paid the same fees alM
mileage that nre paid witnesses in the courts of the United States, and wit-
nesses whose depositions are takon and the persons taking the same shall
severally blie entitled to the same fees as are paid for like services In the
courts of the United States.
No person shall he excused from attending and testifying or from producing
(locuimentary evidence before the Commission or In obedience to the subpnna





4







I 17

of the Commission on the ground or for the reason that the testimony or evi-
deuce, documentary or otherwise, required of1 him may tend to criminate him
or subject him to a penalty or forfeiture. But no natural person sh.ll be
prosecuted or subjected to any penalty or forfeiture for or on account of any
transaction, matter, or thing concerning which he may testify, or produce
evidence, documentary or otherwise, before the Commission in obedience to a
subpoena issued by it: Provided, That no natural person so testifying shall be
exempt from prosecution and punishment for perjury committed in so testifying.
Smc. 10. That any person who shall neglect or refuse to attend and testify,
or to answer any lawful inquiry, or to produce documentary evidence, if in
his power to do so, in obedience to the subpoena or lawful requirement of the
Commission, shall be guilty of an offense and upon conviction thereof by a court
of competent jurisdiction shall be punished by a fine of not less than $1,000 nor
more than $5,000, or by imprisonment fur not more than one year, or by both
such fine and imprisonment.
Any person who shall willfully make, or (.cause to be made, any false entry
or statement of fact in any report required to ihe made under this Act, or who
shall willfully make, or caiwe to be mlnde. any false entry in any account, rec-
ord, or memorandum kept by any corporation subject to this Act or who shall
willfully neglect or fail to make, or to cause to be made, full, true, and correct
entries in such accounts, records, or memoranda, of all facts and transactions
appertaining to the business of such corporation, or who shall willfully remove
out of the jurisdiction of the United States. or willfully mutilate, alter, or by
any other means falsify any documentary evidence of such corporation, or
who shall willfully refuse to submit to the Commission or to any of its author-
ized agents, for the purpose of inspection and taking copies, any documentary
evidence of such corporation in his possession or within his control, shall be
deemed guilty of an offense against the United States, and shall be subject,
upon conviction in any court of the United States of competent jurisdiction, to
a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a
term of not more than three years, or to both such fine and imprisonment.
If any corporation required by this Act to file any annual or special report
shall fail so to do within the time fixed by the Commission for filing the same,
and such failure shall continue for thirty days after notice of such default, the
corporation shall forfeit to the United States the sum of $100 for each and
every day of the continuance of such failure, which forfeiture shall b'e payable
into the Treasury of the United States, and shall be recoverable in a civil
suit in the name of the United States brought in the district where the corpo-
ration has its principal office or in any district in which it shall do business.
It shall be the duty of the various district attorneys, under the direction of the
Attorney General of the United States, to prosecute for the recovery of for-
feitures. The costs and expenses of such prosecution shall be paid out of the
appropriation for the expen-es of the courts of the United States.
Any officer or employee of the Commission who shall make public any infor-
mation obtained by the Commission without its authority, unless directed by
a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine not exceeding $5,000, or by imprisonment not
exceeding one year, or tov fine and imprisonment, in the discretion of the court.
SEC. 11. Nothing contained in this Act shall be construed to prevent or inter-
fere with the enforcement of the provisions of the antitrust acts or the acts to
regulate commerce, nor shall anything contained in the Act be construed to
alter, modify, or repeal the said antitrust acts or the acts to regulate commerce
or any part or parts thereof.


APPENDIX

An act of Congress approved May 17, 1935, (Public No. 62, 74th Congress)
entitled "An Act making appropriations for the Department of Agriculture and
for the Farm Credit Administration for the fiscal year ending June 30, 1936,
and for other purposes," contains the following provision:
"Packers and Stockyards Act: For necessary expenses in carrying out the
provisions of the Packers and Stockyards Act, approved August 15, 1921
(U. S. C., title 7, sees. 181-229), $331,879: Provided, That the Secretary of
Agriculture may require reasonable bonds from every market agency and








18 '

dealer, under such rules and regulations as he may prescribe to secure .tb
performance of their obligations, and whenever, after due noticee and hearing. !|M
the Secretary finds any registrant is insolvent or has violated any provisi
of said Act he may issue an order suspending such registrant for a resonabb i
specified period. Such order of suspension shall take effect within not less tha
five days, unless suspended or modified or set aside by the Secretary of Agrl *"
ture or a court of competent Jurisdiction: Provided further, That the Secretafl '| 1
of Agriculture may, whenever necessary, authorize the charging and collect n.
from owners of a reasonable fee for the Inspection of brands appearing upon.
livestock subject to the provisions of the said Act for the purpose of detenin' I
Ing the ownership of such livestock: Provided further, That such fee shall not be
Imposed except upon written request made to the Secretary of Agriculture by
the Board of Livestock Commissioners, or duly organized livestock assoclatin
of the States from which such livestock have originated or been shipped to
market" ,

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