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7 U.S.C. § 227 — Powers of Federal Trade Commission and Secretary of Agriculture
Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) Jurisdiction of Federal Trade Commission** The Federal Trade Commission shall have power and jurisdiction over any matter involving meat, meat food products, livestock products in unmanufactured form, or poultry products, which by this chapter is made subject to the power or jurisdiction of the Secretary, as follows:
(1) When the Secretary in the exercise of his duties requests of the Commission that it make investigations and reports in any case.
(2) In any investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission, arising out of acts or transactions involving meat, meat food products, or livestock products in unmanufactured form, if the Commission determines that effective exercise of its power or jurisdiction with respect to retail sales of any such commodities is or will be impaired by the absence of power or jurisdiction over all acts or transactions involving such commodities in such investigation or proceeding. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Commissioner shall notify the Secretary of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with regard to acts or transactions (other than retail sales) involving such commodities if the Secretary within ten days from the date of receipt of the notice notifies the Commission that there is pending in his Department an investigation of, or proceeding for the prevention of, an alleged violation of this chapter involving the same subject matter.
(3) Over all transactions in commerce in margarine, oleomargarine, or poultry products and over retail sales of meat, meat food products and livestock pr
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Source file: Laws/federal/codes/united-states-code/title-7/section-227-powers-of-federal-trade-commission-and-secretary-of-agriculture--28528b3577.md
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Source location: Title 7, Chapter 9, § 227; chapter-009-packers-and-stockyards.md
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**(a) Omitted**
**(b) Jurisdiction of Federal Trade Commission** The Federal Trade Commission shall have power and jurisdiction over any matter involving meat, meat food products, livestock products in unmanufactured form, or poultry products, which by this chapter is made subject to the power or jurisdiction of the Secretary, as follows:
(1) When the Secretary in the exercise of his duties requests of the Commission that it make investigations and reports in any case.
(2) In any investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission, arising out of acts or transactions involving meat, meat food products, or livestock products in unmanufactured form, if the Commission determines that effective exercise of its power or jurisdiction with respect to retail sales of any such commodities is or will be impaired by the absence of power or jurisdiction over all acts or transactions involving such commodities in such investigation or proceeding. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Commissioner shall notify the Secretary of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with regard to acts or transactions (other than retail sales) involving such commodities if the Secretary within ten days from the date of receipt of the notice notifies the Commission that there is pending in his Department an investigation of, or proceeding for the prevention of, an alleged violation of this chapter involving the same subject matter.
(3) Over all transactions in commerce in margarine, oleomargarine, or poultry products and over retail sales of meat, meat food products and livestock products in unmanufactured form.
**(c) Limitation of Federal Trade Commission jurisdiction** The Federal Trade Commission shall have no power or jurisdiction over any matter which by this chapter is made subject to the jurisdiction of the Secretary, except as provided in subsection (b) of this section.
**(d) Jurisdiction of Secretary of Agriculture except for poultry products** The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or retail sales of meat, meat food products, or livestock products in unmanufactured form only when he determines, in any investigation of, or any proceeding for the prevention of, an alleged violation of this chapter, that such action is necessary to avoid impairment of his power or jurisdiction over acts or transactions involving livestock, meat, meat food products, livestock products in unmanufactured form, or poultry other than retail sales thereof. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Secretary shall notify the Federal Trade Commission of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with respect to acts or transactions involving oleomargarine or retail sales of meat, meat food products, or livestock products in unmanufactured form if the Commission within 10 days from the date of receipt of such notice notifies the Secretary that there is pending in the Commission an investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission involving the same subject matter.
**(e) Jurisdiction of Secretary of Agriculture regarding poultry products** The Secretary of Agriculture shall exercise jurisdiction over poultry products only in a proceeding brought under [section 197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section197&num=0&edition=prelim) or [section 228b–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section228b-1&num=0&edition=prelim) when such action is necessary to avoid impairment of his jurisdiction.
**(f) Information to be included in annual reports** The Secretary of Agriculture and the Federal Trade Commission shall include in their respective annual reports information with respect to the administration of subsections (b), (d), and (e) of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Protection of public interest from inadequate financing arrangements** It is hereby found that a burden on and obstruction to commerce in poultry is caused by financing arrangements under which live poultry dealers encumber, give lenders security interest in, or place liens on, poultry obtained by such persons by purchase in cash sales or by poultry growing arrangements, or on inventories of or receivables or proceeds from such poultry or poultry products therefrom, when payment is not made for the poultry and that such financing arrangements are contrary to the public interest. This section is intended to remedy such burden on and obstruction to commerce in poultry and protect the public interest.
**(b) Poultry, inventories, receivables and proceeds held by dealer in trust for benefit of unpaid cash sellers or poultry growers** All poultry obtained by a live poultry dealer, by purchase in cash sales or by poultry growing arrangement, and all inventories of, or receivables or proceeds from such poultry or poultry products derived therefrom, shall be held by such live poultry dealer in trust for the benefit of all unpaid cash sellers or poultry growers of such poultry, until full payment has been received by such unpaid cash sellers or poultry growers, unless such live poultry dealer does not have average annual sales of live poultry, or average annual value of live poultry obtained by purchase or by poultry growing arrangement, in excess of $100,000.
**(c) Effect of dishonored instruments** Payment shall not be considered to have been made if the cash seller or poultry grower receives a payment instrument which is dishonored.
**(d) Preservation of trust benefit by seller or poultry grower** The unpaid cash seller or poultry grower shall lose the benefit of such
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
(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 byproducts of the slaughtering and meat-packing industry—if edible;
(4) The term “livestock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead;
(5) The term “livestock products” means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock;
(6) The term “poultry” means chickens, turkeys, ducks, geese, and other domestic fowl;
(7) The term “poultry product” means any product or byproduct of the business of slaughtering poultry and processing poultry after slaughter;
(8) The term “poultry grower” means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry;
(9) The term “poultry growing arrangement” means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another’s instructions, for slaughter;
(10) The term “live poultry dealer” means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and
(11) The term “
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Packers and Stockyards Act, 1921.”
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter 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.
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Federal law — U.S. Code and appendices · legal_authorities
A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.
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Federal law — U.S. Code and appendices · legal_authorities
Page 349
TITLE 7—AGRICULTURE
§ 227
ferred to in subsec. (a), means act Apr. 10, 1918, ch. 50,
40 Stat. 516, known as the Webb-Pomerene Act, which
is classified generally to subchapter II (§ 61 et seq.) of
chapter 2 of Title 15, Commerce and Trade. For com-
plete classification of this Act to the Code, see section
66 of Title 15 and Tables.
Sections 73 to 76, inclusive, of the Act of August 27,
1894, entitled ‘‘An Act to reduce taxation, to provide
revenue for the Government, and for other purposes’’,
referred to in subsec. (a), are sections 73 to 76 of act
Aug. 27, 1894, ch. 349, 28 Stat. 570, and are known as the
Wilson Tariff Act. Sections 73 to 76 enacted sections 8
to 11 of Title 15. For complete classification of this Act
to the Code, see Short Title note set out under section
8 of Title 15 and Tables.
The Act entitled ‘‘An Act to amend sections seventy-
three and seventy-six of the Act of August twenty-sev-
enth, eighteen hundred and ninety-four, entitled, ‘An
Act to reduce taxation, to provide revenue for the Gov-
ernment, and for other purposes’,’’ approved February
12, 1913, referred to in subsec. (a), is act Feb. 12, 1913, ch.
40, 37 Stat. 667, which is classified to sections 8 and 11
of Title 15.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–273 substituted ‘‘sec-
tions 73 to 76’’ for ‘‘sections 73 to 77’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–273 effective Nov. 2, 2002,
and applicable only with respect to cases commenced
on or after Nov. 2, 2002, see section 14103 of Pub. L.
107–273, set out as a note under section 3 of Title 15,
Commerce and Trade.
§ 226. Powers of Interstate Commerce Commis-
sion unaffected
Nothing in this chapter shall affect the power
or jurisdiction of
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