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7 U.S.C. § 292 — Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 292 — Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure

If the Secretary of Agriculture shall have reason to believe that any such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. An association so complained of may at the time and place so fixed show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the Secretary of Agriculture may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Secretary of Agriculture shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced thereby, he shall issue and cause to be served upon the association an order reciting the facts found by him, directing such association to cease and desist from monopolization or restraint of trade. On the request of such association or if such association fails or neglects for thirty days to obey such order, the Secretary of Agriculture shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all the records in the proceeding, together with a petition asking that the order be enforced, and shall give

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Stable record: federal_law:legal_authorities:record_usc_6d9a27802ed5a04973f4bd8b
Source file: Laws/federal/codes/united-states-code/title-7/section-292-monopolizing-or-restraining-trade-and-unduly-enhancing-prices-prohibited--293e734965.md
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Passage SHA-256: 5ed02d1125a48cd35ea910e2a28dbb2bf42137c85d72e60db76fb9fc29b58d18

Source location: Title 7, Chapter 12, § 292; chapter-012-associations-of-agricultural-products-producers.md

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If the Secretary of Agriculture shall have reason to believe that any such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. An association so complained of may at the time and place so fixed show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the Secretary of Agriculture may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Secretary of Agriculture shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced thereby, he shall issue and cause to be served upon the association an order reciting the facts found by him, directing such association to cease and desist from monopolization or restraint of trade. On the request of such association or if such association fails or neglects for thirty days to obey such order, the Secretary of Agriculture shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all the records in the proceeding, together with a petition asking that the order be enforced, and shall give notice to the Attorney General and to said association of such filing. Such district court shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in considering such order. The place of trial may, for cause or by consent of parties, be changed as in other causes.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 57c — Authorization of appropriations

There are authorized to be appropriated to carry out the functions, powers, and duties of the Commission not to exceed $92,700,000 for fiscal year 1994; not to exceed $99,000,000 for fiscal year 1995; not to exceed $102,000,000 for fiscal year 1996; not to exceed $107,000,000 for fiscal year 1997; and not to exceed $111,000,000 for fiscal year 1998.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 292 — Monopolizing or restraining trade and un-

Page 365 TITLE 7—AGRICULTURE § 292 keting in interstate and foreign commerce, such products of persons so engaged. Such associa- tions may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however, That such associations are operated for the mutual benefit of the members thereof, as such pro- ducers, and conform to one or both of the fol- lowing requirements: First. That no member of the association is al- lowed more than one vote because of the amount of stock or membership capital he may own therein, or, Second. That the association does not pay dividends on stock or membership capital in ex- cess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members. (Feb. 18, 1922, ch. 57, § 1, 42 Stat. 388.) § 292. Monopolizing or restraining trade and un- duly enhancing prices prohibited; remedy and procedure If the Secretary of Agriculture shall have rea- son to believe that any such association monop- olizes or restrains trade in interstate or foreign commerce to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such associa- tion a complaint stating his charge in that re- spect, to which complaint shall be attached, or contained therein, a notice of hearing, speci- fying a day and place not less than thirty days after the service thereof, requiring the associa- tion to show cause why an order should not be made directing it to cease and desist from mo- nopolization or restraint of trade. An associa- tion so complained of may at the

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