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7 U.S.C. § 855 — Applicability of other laws

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

7 U.S.C. § 855 — Applicability of other laws

Subject to 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 provisions of subsections (6) to (9) of section 608a and of subsections (14) and (15) of [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim), are made applicable in connection with orders issued pursuant to [section 854 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section854&num=0&edition=prelim), and the provisions of [section 608d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608d&num=0&edition=prelim) are made applicable in connection with 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) and orders issued pursuant to [section 854 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section854&num=0&edition=prelim). The provisions of subsections (a), (b)(2), (c), (f), (h), and (i) of [section 610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section610&num=0&edition=prelim), are made applicable in connection with the administration of this chapter.

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Source location: Title 7, Chapter 30, § 855; chapter-030-anti-hog-cholera-serum-and-hog-cholera-virus.md

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

7 U.S.C. § 608c — Orders

(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

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7 U.S.C. § 608d — Books and records

(1) All parties to any marketing agreement, and all handlers subject to an order, shall severally, from time to time, upon the request of the Secretary, furnish him with such information as he finds to be necessary to enable him to ascertain and determine the extent to which such agreement or order has been carried out or has effectuated the declared policy of this chapter and with such information as he finds to be necessary to determine whether or not there has been any abuse of the privilege of exemptions from the antitrust laws. Such information shall be furnished in accordance with forms of reports to be prescribed by the Secretary. For the purpose of ascertaining the correctness of any report made to the Secretary pursuant to this subsection, or for the purpose of obtaining the information required in any such report, where it has been requested and has not been furnished, the Secretary is authorized to examine such books, papers, records, copies of income-tax reports, accounts, correspondence, contracts, documents, or memoranda, as he deems relevant and which are within the control (1) of any such party to such marketing agreement, or any such handler, from whom such report was requested or (2) of any person having, either directly or indirectly, actual or legal control of or over such party or such handler or (3) of any subsidiary of any such party, handler, or person. (2) Notwithstanding the provisions of [section 607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section607&num=0&edition=prelim), all information furnished to or acquired by the Secretary of Agriculture pursuant to this section, as well as information for marketing order programs that is categorized as trade secrets and commercial or financial information exe

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

7 U.S.C. § 852 — Marketing agreements with handlers; exemption from antitrust laws

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.

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

7 U.S.C. § 851 — Declaration of policy

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.

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7 U.S.C. § 610 — Administration

**(a) Appointment of officers and employees; impounding appropriations** The Secretary of Agriculture may appoint such officers and employees, subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, and such experts, as are necessary to execute the functions vested in him by this chapter: Provided, That the Secretary shall establish the Agricultural Adjustment Administration in the Department of Agriculture for the administration of the functions vested in him by this chapter: And provided further, That the State Administrator appointed to administer this chapter in each State shall be appointed by the President, by and with the advice and consent of the Senate. Section 8 of Title II of the Act entitled “An Act to maintain the credit of the United States Government,” approved March 20, 1933, to the extent that it provides for the impoundment of appropriations on account of reductions in compensation, shall not operate to require such impoundment under appropriations contained in this chapter. **(b) State and local committees or associations of producers; handlers’ share of expenses of authority or agency** (1) The Secretary of Agriculture is authorized to establish, for the more effective administration of the functions vested in him by this chapter, State and local committees, or associations of producers, and to permit cooperative associations of producers, when in his judgment they are qualified to do so, to act as agents of their members and patrons in connection with the distribution of payments authorized to be made under [section 608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608&num=0&edition=prelim). The Secretary, in the administration of this chapter, shall accord such recognition a

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7 U.S.C. § 854 — Order regulating handlers; issuance and terms

Whenever all the handlers of not less than 75 per centum of the volume of anti-hog-cholera serum and hog-cholera virus which is handled in the current of interstate or foreign commerce, or so as directly to burden, obstruct, or affect interstate or foreign commerce, have signed a marketing agreement entered into with the Secretary of Agriculture pursuant to [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section852&num=0&edition=prelim), the Secretary of Agriculture shall issue an order which shall regulate only such handling in the same manner as, and contain only such terms and conditions as are contained in such marketing agreement, and shall from time to time amend such order in conformance with amendments to such marketing agreement. Such order shall terminate upon termination of such marketing agreement as provided in such marketing agreement.

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7 U.S.C. § 855 — Applicability of other laws

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

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