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7 U.S.C. § 853 — Terms and conditions of marketing agreements
Federal law — U.S. Code and appendices · legal_authorities
Marketing agreements entered into pursuant to [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section852&num=0&edition=prelim) shall contain such one or more of the following terms and conditions and no others as the Secretary finds, upon the basis of the hearing provided for in [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section852&num=0&edition=prelim), will tend to effectuate the policy declared in [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section851&num=0&edition=prelim):
**(a)** One or more of the terms and conditions specified in subsection (7) of [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim).
**(b)** Terms and conditions requiring each manufacturer to have in inventory in his own possession on April 1 of each year a reserve supply of completed serum equivalent to not less than 40 per centum of his previous year’s sales of all serum, except that any marketing agreement may provide that upon written application by a manufacturer filed before September 1 of the preceding year, the Secretary may fix another date between January 1 and May 1 on which such manufacturer shall have such inventory if the Secretary finds that such actions will tend to effectuate the purposes of [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section851&num=0&edition=prelim). The Secretary may impose such terms and conditions upon granting any such application as he finds necessary to effectuate the purposes of [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-se
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 853
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Stable record: federal_law:legal_authorities:record_usc_21e181781ff00faa1fbdf576
Source file: Laws/federal/codes/united-states-code/title-7/section-853-terms-and-conditions-of-marketing-agreements--bb8ccafcd1.md
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Passage SHA-256: 18f2c3d9d148cb2341876ba6affae7a4a1541e58e777a39597ebfafdd945d252
Source location: Title 7, Chapter 30, § 853; chapter-030-anti-hog-cholera-serum-and-hog-cholera-virus.md
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Marketing agreements entered into pursuant to [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section852&num=0&edition=prelim) shall contain such one or more of the following terms and conditions and no others as the Secretary finds, upon the basis of the hearing provided for in [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section852&num=0&edition=prelim), will tend to effectuate the policy declared in [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section851&num=0&edition=prelim):
**(a)** One or more of the terms and conditions specified in subsection (7) of [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim).
**(b)** Terms and conditions requiring each manufacturer to have in inventory in his own possession on April 1 of each year a reserve supply of completed serum equivalent to not less than 40 per centum of his previous year’s sales of all serum, except that any marketing agreement may provide that upon written application by a manufacturer filed before September 1 of the preceding year, the Secretary may fix another date between January 1 and May 1 on which such manufacturer shall have such inventory if the Secretary finds that such actions will tend to effectuate the purposes of [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section851&num=0&edition=prelim). The Secretary may impose such terms and conditions upon granting any such application as he finds necessary to effectuate the purposes of [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section851&num=0&edition=prelim). Serum used in computing the required reserve supply of any manufacturer shall not again be used in computing the required reserve supply of any other manufacturer.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Issuance by Secretary** — The Secretary of Agriculture shall, subject to the provisions of this section, issue, and from time to time amend, orders applicable to processors, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof specified in subsection (2) of this section. Such persons are referred to in this chapter as “handlers”. Such orders shall regulate, in the manner hereinafter in this section provided, only such handling of such agricultural commodity, or product thereof, as is in the current of interstate or foreign commerce, or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations.
(2) **Commodities to which applicable** — Orders issued pursuant to this section shall be applicable only to (A) the following agricultural commodities and the products thereof (except canned or frozen pea
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 608c
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Federal law — U.S. Code and appendices · legal_authorities
In order to effectuate the policy declared in [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section851&num=0&edition=prelim) the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with manufacturers and others engaged in the handling of anti-hog-cholera serum and hog-cholera virus only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects interstate or foreign commerce in such serum and virus. Such persons are in [section 854 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section854&num=0&edition=prelim) referred to as “handlers.” The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 852
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Federal law — U.S. Code and appendices · legal_authorities
It is declared to be the policy of Congress to insure the maintenance of an adequate supply of anti-hog-cholera serum and hog-cholera virus by regulating the marketing of such serum and virus in interstate and foreign commerce, and to prevent undue and excessive fluctuations and unfair methods of competition and unfair trade practices in such marketing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 851
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Federal law — U.S. Code and appendices · legal_authorities
Page 517
TITLE 7—AGRICULTURE
§ 855
culture shall have the power, after due notice
and opportunity for hearing, to enter into mar-
keting agreements with manufacturers and oth-
ers engaged in the handling of anti-hog-cholera
serum and hog-cholera virus only with respect
to such handling as is in the current of inter-
state or foreign commerce or which directly bur-
dens, obstructs, or affects interstate or foreign
commerce in such serum and virus. Such per-
sons are in section 854 of this title referred to as
‘‘handlers.’’ The making of any such agreement
shall not be held to be in violation of any of the
antitrust laws of the United States, and any
such agreement shall be deemed to be lawful.
(Aug. 24, 1935, ch. 641, § 57, 49 Stat. 781.)
§ 853. Terms and conditions of marketing agree-
ments
Marketing agreements entered into pursuant
to section 852 of this title shall contain such one
or more of the following terms and conditions
and no others as the Secretary finds, upon the
basis of the hearing provided for in section 852 of
this title, will tend to effectuate the policy de-
clared in section 851 of this title:
(a) One or more of the terms and conditions
specified in subsection (7) of section 608c of this
title.
(b) Terms and conditions requiring each manu-
facturer to have in inventory in his own posses-
sion on April 1 of each year a reserve supply of
completed serum equivalent to not less than 40
per centum of his previous year’s sales of all
serum, except that any marketing agreement
may provide that upon written application by a
manufacturer filed before September 1 of the
preceding year, the Secretary may fix another
date between January 1 and May 1 on which
such manufacturer shall have such inventory if
the Secretary finds that such
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 853
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