7 U.S.C. § 853 — Terms and conditions of marketing agree-

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 actions will tend to effectuate the purposes of section 851 of this title. 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. Serum used in com- puting the required reserve supply of any manu- facturer shall not again be used in computing the required reserve supply of any other manu- facturer. (Aug. 24, 1935, ch. 641, § 58, 49 Stat. 781; Pub. L. 85–574, July 31, 1958, 72 Stat. 454.) Editorial Notes REFERENCES IN TEXT Section 851 of this title, referred to in clause (b), was in the original ‘‘this Act’’, meaning act Aug. 24, 1935. For complete classification of act Aug. 24, 1935, to the Code, see Tables. AMENDMENTS 1958—Cl. (b). Pub. L. 85–574 substituted ‘‘in inventory in his own possession on April 1’’ for ‘‘available on May 1’’, inserted exception provision for changing minimum inventory date under certain terms and conditions, and inserted prohibition against reusing serum in computa- tion of required reserve supply for different manufac- turers. § 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 Sec- retary of Agriculture pursuant to section 852 of this title, 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. (Aug. 24, 1935, ch. 641, § 59, 49 Stat. 781.) § 855. Applicability of other laws Subject to the policy declared in section 851 of this title, the provisions of subsections (6) to (9) of section 608a and of subsections (14) and (15) of section 608c of this title, are made applicable in connection with orders issued pursuant to sec- tion 854 of this title, and the provisions of sec- tion 608d of this title are made applicable in con- nection with marketing agreements entered into pursuant to section 852 of this title and orders issued pursuant to section 854 of this title. The provisions of subsections (a), (b)(2), (c), (f), (h), and (i) of section 610 of this title, are made ap- plicable in connection with the administration of this chapter. (Aug. 24, 1935, ch. 641, § 60, 49 Stat. 782.) CHAPTER 31—RURAL ELECTRIFICATION AND TELEPHONE SERVICE SUBCHAPTER I—RURAL ELECTRIFICATION Sec. 901. Short title. 902. General authority of Secretary of Agri- culture. 903. Authorization of appropriations. 904. Loans for electrical plants and transmission lines. 905. Fees for certain loan guarantees. 906. Funding for administrative expenses. 906a. Use of funds outside the United States or its territories prohibited. 907. Acquisition of property pledged for loans; dis- position; sale of pledged property by bor- rower. 908. Limitations on use of assistance. 909. Administration on nonpolitical basis; dis- missal of officers or employees for violating provision. 910. Repealed. 911. Acceptance of services of Federal or State of- ficers; application of civil service laws; ex- penditures for supplies and equipment. 911a. Repealed. 912. Extension of time for repayment of loans. 912a. Rescheduling and refinancing of loans. 913. Definitions. 914. Separability. 915. Purchase of financial and credit reports. 916. Criteria for loans. 917. Prohibition on restricting water and waste fa- cility services to electric customers. 918. General prohibitions. 918a. Energy generation, transmission, and dis- tribution facilities efficiency grants and loans in rural communities with extremely high energy costs.