7 U.S.C. § 225 — Laws unaffected

Page 348 TITLE 7—AGRICULTURE § 223 (Aug. 15, 1921, ch. 64, title IV, § 402, 42 Stat. 168; Aug. 15, 1921, ch. 64, title V, § 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649.) Editorial Notes AMENDMENTS 1935—Act Aug. 15, 1921, § 503, as added Aug. 14, 1935, purported to insert ‘‘or any live poultry dealer or han- dler’’ after ‘‘packer’’ but word ‘‘packer’’ does not ap- pear in this section. Executive Documents TRANSFER OF FUNCTIONS Executive and administrative functions of Federal Trade Commission, with certain reservations, trans- ferred to Chairman of such Commission by 1950 Reorg. Plan No. 8, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Or- ganization and Employees. § 223. Responsibility of principal for act or omis- sion of agent When construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or employed by any packer, any swine contractor, and any live poultry dealer, stockyard owner, market agency, or dealer, within the scope of his employment or office, shall in every case also be deemed the act, omission, or failure of such packer, any swine contractor, and any live poultry dealer, stockyard owner, market agen- cy, or dealer, as well as that of such agent, offi- cer, or other person. (Aug. 15, 1921, ch. 64, title IV, § 403, 42 Stat. 168; Aug. 15, 1921, ch. 64, title V, § 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649; amended Pub. L. 100–173, § 6, Nov. 23, 1987, 101 Stat. 918; Pub. L. 107–171, title X, § 10502(b)(2)(C), May 13, 2002, 116 Stat. 510.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–171 inserted ‘‘any swine contractor, and’’ after ‘‘packer,’’ in two places. 1987—Pub. L. 100–173 substituted ‘‘, any live poultry dealer,’’ for ‘‘or any live poultry dealer or handler,’’ in two places. 1935—Act Aug. 15, 1921, title V, § 503, as added Aug. 14, 1935, inserted ‘‘or any live poultry dealer or handler’’ after ‘‘packer’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title. § 224. Attorney General to institute court pro- ceedings for enforcement The Secretary may report any violation of this chapter to the Attorney General of the United States, who shall cause appropriate pro- ceedings to be commenced and prosecuted in the proper courts of the United States without delay. (Aug. 15, 1921, ch. 64, title IV, § 404, 42 Stat. 168; Aug. 15, 1921, ch. 64, title V, § 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649.) Editorial Notes AMENDMENTS 1935—Act Aug. 15, 1921, title V, § 503, as added Aug. 14, 1935, purported to insert ‘‘or any live poultry dealer or handler’’ after ‘‘packer’’ but word ‘‘packer’’ does not appear in this section. § 225. Laws unaffected Nothing contained in this chapter, except as otherwise provided herein, shall be construed— (a) To prevent or interfere with the enforce- ment of, or the procedure under, the provisions of the Act entitled ‘‘An Act to protect trade and commerce against unlawful restraints and mo- nopolies,’’ approved July 2, 1890, the Act entitled ‘‘An Act to supplement existing laws against un- lawful restraints and monopolies, and for other purposes,’’ approved October 15, 1914, the Inter- state Commerce Act as amended, the Act enti- tled ‘‘An Act to promote export trade, and for other purposes,’’ approved April 10, 1918 [15 U.S.C. 61 et seq.] or sections 73 to 76, inclusive, of the Act of August 27, 1894, entitled ‘‘An Act to reduce taxation, to provide revenue for the Gov- ernment, and for other purposes,’’ as amended by the Act entitled ‘‘An Act to amend sections seventy-three and seventy-six of the Act of Au- gust twenty-seventh, eighteen hundred and nine- ty-four, entitled ‘An Act 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 investiga- tion, proceeding, or prosecution begun and pend- ing on August 15, 1921. (Aug. 15, 1921, ch. 64, title IV, § 405, 42 Stat. 168; Pub. L. 107–273, div. C, title IV, § 14102(c)(2)(C), Nov. 2, 2002, 116 Stat. 1921.) Editorial Notes REFERENCES IN TEXT The Act entitled ‘‘An Act to protect trade and com- merce against unlawful restraints and monopolies’’, ap- proved July 2, 1890, referred to in subsec. (a), means act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sherman Act, which enacted sections 1 to 7 of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1 of Title 15 and Tables. The Act entitled ‘‘An Act to supplement existing laws against unlawful restraints and monopolies and for other purposes’’, approved October 15, 1914, referred to in subsec. (a), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further de- tails and complete classification of the Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. The Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, which was classified to chapters 1 (§ 1 et seq.), 8 (§ 301 et seq.), 12 (§ 901 et seq.), 13 (§ 1001 et seq.), and 19 (1231 et seq.) of Title 49, Transportation. The Act was repealed by Pub. L. 95–473, § 4(b), Oct. 17, 1978, 92 Stat. 1467, the first sec- tion of which enacted subtitle IV (§ 10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see Table at the beginning of Title 49. The Act entitled ‘‘An Act to promote export trade and for other purposes’’, approved April 10, 1918, re- 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 the Interstate Commerce Com- mission, nor confer upon the Secretary concur- rent power or jurisdiction over any matter with- in the power or jurisdiction of such commission. (Aug. 15, 1921, ch. 64, title IV, § 406(a), 42 Stat. 169.) Editorial Notes CODIFICATION Section is comprised of subsec. (a) of section 406, of act Aug. 15, 1921. Subsecs. (b) to (e) of section 406, as amended, are classified to section 227 of this title. Statutory Notes and Related Subsidiaries ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. § 227. Powers of Federal Trade Commission and Secretary of Agriculture (a) Omitted (b) Jurisdiction of Federal Trade Commission The Federal Trade Commission shall have power and jurisdiction over any matter involv- ing meat, meat food products, livestock prod- ucts in unmanufactured form, or poultry prod- ucts, 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 de- termines 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 re- tail sales) involving such commodities if the Secretary within ten days from the date of re- ceipt of the notice notifies the Commission that there is pending in his Department an in- vestigation of, or proceeding for the preven- tion of, an alleged violation of this chapter in- volving the same subject matter. (3) Over all transactions in commerce in margarine, oleomargarine, or poultry products and over retail sales of meat, meat food prod- ucts and livestock products in unmanufac- tured form. (c) Limitation of Federal Trade Commission ju- risdiction 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 sub- section (b) of this section. (d) Jurisdiction of Secretary of Agriculture ex- cept for poultry products The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or re- tail sales of meat, meat food products, or live- stock 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 Govern- ment and burdens upon the industry, the Sec- retary shall notify the Federal Trade Commis- sion 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