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7 U.S.C. § 198bReport on the Secretary’s jurisdiction, power, duties, and authorities

submitted 105 years ago by Pub. L. 106-78 to r/title-7-AGRICULTURE · 376 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law required a one-time government report on the Secretary of Agriculture's power over meatpackers. The report, due in 1999, had to study unfair pricing and contract problems in the pork industry. Congress's agriculture committees received the findings.

(a) Definition of packer: In this section, "packer" has the same meaning it has in section 191 of this title. (b) Report: Within 90 days after October 22, 1999, the Comptroller General — the head of the Government Accountability Office — had to give a report to the House Agriculture Committee and the Senate Agriculture, Nutrition, and Forestry Committee. The report had to describe the Secretary of Agriculture's jurisdiction, powers, duties, and authority over meatpackers and others who buy, slaughter, or process hogs, pork, or pork products, covered by this law and other laws, including: (1) the Federal Trade Commission Act, especially sections 6, 8, 9, and 10 of that Act; and (2) the Agricultural Marketing Act of 1946. (c) Contents: The Comptroller General's report also had to analyze: (1) whether burdens or obstructions on trade in swine, pork, and pork products — caused by packers and people who deal with packers — go against, or fail to protect, the public interest; (2) noncompetitive pricing deals between packers, or between packers and others in pork processing, distribution, or sales, including terms found in hog-purchase contracts; (3) how well contracts between packers and hog producers are being monitored; (4) investigations into disclosing (A) how packers conduct their business, and (B) how much packers pay producers for hogs and how pork products are priced along the supply chain; (5) whether the Secretary has enough legal power to stop a packer from unfairly or arbitrarily refusing to offer a producer a contract, or kicking a producer out of eligibility for one; and (6) whether the Secretary can work with, and help enforce, actions that other federal agencies take to protect trade in pork products from illegal restraints and monopolies.
the actual law source: uscode.house.gov ↗public domain
(a) Definition of packer

In this section, the term “packer” has the meaning given the term in section 191 of this title.

(b) Report

Not later than 90 days after October 22, 1999, the Comptroller General of the United States shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the jurisdiction, powers, duties, and authorities of the Secretary that relate to packers and other persons involved in procuring, slaughtering, or processing swine, pork, or pork products that are covered by this Act and other laws, including—

(1)

the Federal Trade Commission Act (15 U.S.C. 41 et seq.), especially sections 6, 8, 9, and 10 of that Act (15 U.S.C. 46, 48, 49, and 50); and

(2)

the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.).

(c) Contents

The Comptroller General shall include in the report an analysis of—

(1)

burdens on and obstructions to commerce in swine, pork, and pork products by packers, and other persons that enter into arrangements with the packers, that are contrary to, or do not protect, the public interest;

(2)

noncompetitive pricing arrangements between or among packers, or other persons involved in the processing, distribution, or sale of pork and pork products, including arrangements provided for in contracts for the purchase of swine;

(3)

the effective monitoring of contracts entered into between packers and swine producers;

(4)

investigations that relate to, and affect, the disclosure of—

(A)

transactions involved in the business conduct and practices of packers; and

(B)

the pricing of swine paid to producers by packers and the pricing of products in the pork and pork product merchandising chain;

(5)

the adequacy of the authority of the Secretary to prevent a packer from unjustly or arbitrarily refusing to offer a producer, or disqualifying a producer from eligibility for, a particular contract or type of contract for the purchase of swine; and

(6)

the ability of the Secretary to cooperate with and enhance the enforcement of actions initiated by other Federal departments and agencies, or Federal independent agencies, to protect trade and commerce in the pork and pork product industries against unlawful restraints and monopolies.

Source credit: (Aug. 15, 1921, ch. 64, title II, § 223, as added Pub. L. 106–78, title IX, § 934(2), Oct. 22, 1999, 113 Stat. 1209.)

history & why it existsrecord from the source credit
  • 1921Enacted · Pub. L. 106-78 · 113 Stat. 1209

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-78 on 1921-08-15.

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