7 U.S.C. § 226 — Powers of Interstate Commerce Commis-

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