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7 U.S.C. § 227Powers of Federal Trade Commission and Secretary of Agriculture

submitted 105 years ago by ch. 64 to r/title-7-AGRICULTURE · 614 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law divides authority over meat, poultry, and livestock products between the Federal Trade Commission and the Secretary of Agriculture. Each agency mostly handles its own area, but can step into the other's under specific conditions, after notifying the other agency first.

(a) Omitted: This part of the section was omitted from the law. (b) Jurisdiction of Federal Trade Commission: The Federal Trade Commission has power and jurisdiction over meat, meat food products, unmanufactured livestock products, and poultry products — matters this chapter normally puts under the Secretary's power — in these situations: (1) when the Secretary, in carrying out the Secretary's duties, asks the Commission to investigate and report on a case; (2) when the Commission is investigating, or acting to prevent, a violation of a law it enforces involving meat, meat food products, or unmanufactured livestock products, and determines that not having power over all related acts and transactions would impair its ability to handle retail sales of those commodities — in that case, the Commission must notify the Secretary of that determination, the reasons for it, and the acts or transactions involved, and must not exercise power over non-retail acts or transactions if the Secretary, within 10 days of getting that notice, tells the Commission the Department already has a pending investigation or proceeding on the same subject matter; and (3) over all commercial transactions involving margarine or oleomargarine and poultry products, and over retail sales of meat, meat food products, and unmanufactured livestock products. (c) Limitation of Federal Trade Commission jurisdiction: Except as allowed under subsection (b), the Federal Trade Commission has no power or jurisdiction over any matter this chapter puts under the Secretary's jurisdiction. (d) Jurisdiction of Secretary of Agriculture except for poultry products: The Secretary of Agriculture exercises power or jurisdiction over oleomargarine, or over retail sales of meat, meat food products, or unmanufactured livestock products, only when the Secretary determines, during an investigation or proceeding under this chapter, that doing so is necessary to avoid impairing the Secretary's power or jurisdiction over acts or transactions involving livestock, meat, meat food products, unmanufactured livestock products, or poultry other than their retail sales. The Secretary must notify the Federal Trade Commission of that determination, the reasons for it, and the acts or transactions involved, and must not exercise power over acts or transactions involving oleomargarine or those retail sales if the Commission, within 10 days of getting that notice, tells the Secretary it already has a pending investigation or proceeding on the same subject matter. (e) Jurisdiction of Secretary of Agriculture regarding poultry products: The Secretary of Agriculture exercises jurisdiction over poultry products only in a proceeding brought under section 197 or section 228b–1, and only when doing so is necessary to avoid impairing the Secretary's jurisdiction. (f) Information to be included in annual reports: Both the Secretary of Agriculture and the Federal Trade Commission must include, in their respective annual reports, information about how they have carried out subsections (b), (d), and (e).
the actual law source: uscode.house.gov ↗public domain
(a) Omitted

(b) Jurisdiction of Federal Trade Commission

The Federal Trade Commission shall have power and jurisdiction over any matter involving meat, meat food products, livestock products in unmanufactured form, or poultry products, 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 determines 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 retail sales) involving such commodities if the Secretary within ten days from the date of receipt of the notice notifies the Commission that there is pending in his Department an investigation of, or proceeding for the prevention of, an alleged violation of this chapter involving the same subject matter.

(3)

Over all transactions in commerce in margarine, oleomargarine, or poultry products and over retail sales of meat, meat food products and livestock products in unmanufactured form.

(c) Limitation of Federal Trade Commission jurisdiction

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 subsection (b) of this section.

(d) Jurisdiction of Secretary of Agriculture except for poultry products

The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or retail sales of meat, meat food products, or livestock 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 Government and burdens upon the industry, the Secretary shall notify the Federal Trade Commission 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 receipt of such notice notifies the Secretary that there is pending in the Commission an investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission involving the same subject matter.

(e) Jurisdiction of Secretary of Agriculture regarding poultry products

The Secretary of Agriculture shall exercise jurisdiction over poultry products only in a proceeding brought under section 197 of this title or section 228b–1 of this title when such action is necessary to avoid impairment of his jurisdiction.

(f) Information to be included in annual reports

The Secretary of Agriculture and the Federal Trade Commission shall include in their respective annual reports information with respect to the administration of subsections (b), (d), and (e) of this section.

Source credit: (Aug. 15, 1921, ch. 64, title IV, § 406, 42 Stat. 169; Pub. L. 85–909, § 1(2), Sept. 2, 1958, 72 Stat. 1749; Pub. L. 100–173, § 7, Nov. 23, 1987, 101 Stat. 919; Pub. L. 102–237, title X, § 1008(2), Dec. 13, 1991, 105 Stat. 1898.)

history & why it existsrecord from the source credit
  • 1921Enacted · Act of Aug. 15, 1921, ch. 64 · 42 Stat. 169
  • 1958Amended · Pub. L. 85-909 · 72 Stat. 1749
  • 1987Amended · Pub. L. 100-173 · 101 Stat. 919
  • 1991Amended · Pub. L. 102-237 · 105 Stat. 1898

A history note hasn’t been published yet. The record shows enactment by ch. 64 on 1921-08-15.

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