US (United States) Code. Title 15. Chapter 12: Discrimination against farmers cooperative associations

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Commerce and trade. Boards

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  • País: Estados Unidos Estados Unidos
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15 USC CHAPTER 12 - DISCRIMINATION AGAINST FARMERS'

COOPERATIVE ASSOCIATIONS BY BOARDS OF TRADE 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 12 - DISCRIMINATION AGAINST FARMERS' COOPERATIVE

ASSOCIATIONS BY BOARDS OF TRADE

.

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CHAPTER 12 - DISCRIMINATION AGAINST FARMERS' COOPERATIVE

ASSOCIATIONS BY BOARDS OF TRADE

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Sec.

431. Definitions.

432. Boards of trade dealing in agricultural products; exclusion of

representatives of cooperative associations prohibited.

433. Remedies of cooperative association excluded from

representation.

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15 USC Sec. 431 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 12 - DISCRIMINATION AGAINST FARMERS' COOPERATIVE

ASSOCIATIONS BY BOARDS OF TRADE

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Sec. 431. Definitions

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When used in this chapter (a) the term ''agricultural products'',

means agricultural, horticultural, viticultural, and dairy

products, food products of livestock, the products of poultry and

bee raising, the edible products of forestry, and any and all

products raised or produced on farms and processed or manufactured

products thereof, transported or intended to be transported in

interstate and/or foreign commerce.

(b) The words ''board of trade'' shall be held to include and

mean any exchange or association, whether incorporated or

unincorporated, of persons who shall be engaged in the business of

buying or selling agricultural products or receiving the same for

sale on consignment, except markets designated as contract markets

under the Commodity Exchange Act (7 U.S.C. 1 et seq.).

(c) The words ''interstate commerce'' shall be construed to mean

commerce between any State, Territory, or possession, or the

District of Columbia, and any place outside thereof; or between

points within the same State, Territory, or possession, or the

District of Columbia, but through any place outside thereof, or

within any Territory or possession, or the District of Columbia.

(d) For the purposes of this chapter (but not in any wise

limiting the foregoing definition of interstate commerce) a

transaction in respect to any article shall be considered to be in

interstate commerce if such article is part of that current of

commerce usual in dealing in agricultural products whereby they are

sent from one State with the expectation that they will end their

transit, after purchase, in another, including, in addition to

cases within the above general description, all cases where

purchase or sale is either for shipment to another State or for

manufacture within the State and the shipment outside the State of

the products resulting from such manufacture. Articles normally in

such current of commerce shall not be considered out of such

commerce through resort being had to any means or device intended

to remove transactions in respect thereto from the provisions of

this chapter. For the purpose of this paragraph the word ''State''

includes Territory, the District of Columbia, possession of the

United States, and foreign nation.

(e) The word ''person'' shall be construed to import the plural

or singular, and shall include individuals, associations,

partnerships, corporations, and trusts.

(f) The act, omission, or failure of any official, agent, or

other person acting for any individual, association, partnership,

corporation, or trust, within the scope of his employment or

office, shall be deemed the act, omission, or failure of such

individual, association, partnership, corporation, or trust, as

well as of such official, agent, or other person.

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(Mar. 4, 1927, ch. 508, Sec. 1, 44 Stat. 1423; June 15, 1936, ch.

545, Sec. 1, 49 Stat. 1491.)

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REFERENCES IN TEXT

The Commodity Exchange Act, referred to in subsec. (b), is act

Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, which is

classified generally to chapter 1 (Sec. 1 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see section 1 of Title 7 and Tables.

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AMENDMENTS

1936 - Subsec. (b). Act June 15, 1936, substituted ''Commodity

Exchange Act'' for ''Grain Futures Act''.

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15 USC Sec. 432 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 12 - DISCRIMINATION AGAINST FARMERS' COOPERATIVE

ASSOCIATIONS BY BOARDS OF TRADE

-HEAD-

Sec. 432. Boards of trade dealing in agricultural products;

exclusion of representatives of cooperative associations

prohibited

-STATUTE-

No board of trade whose members are engaged in the business of

buying or selling agricultural products or receiving the same for

sale on consignment in interstate commerce shall exclude from

membership in, and all privileges on, such board of trade, any duly

authorized representative of any lawfully formed and conducted

cooperative association, corporate or otherwise, composed

substantially of producers of agricultural products, or any such

representative of any organization acting for a group of such

associations, if such association or organization has adequate

financial responsibility and complies or agrees to comply with such

terms and conditions as are or may be imposed lawfully on other

members of such board: Provided, That no rule of a board of trade

shall forbid or be construed to forbid the return on a patronage

basis by such cooperative association or organization to its bona

fide members of moneys collected in excess of the expense of

conducting the business of such association.

-SOURCE-

(Mar. 4, 1927, ch. 508, Sec. 2, 44 Stat. 1424.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 433 of this title.

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15 USC Sec. 433 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 12 - DISCRIMINATION AGAINST FARMERS' COOPERATIVE

ASSOCIATIONS BY BOARDS OF TRADE

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Sec. 433. Remedies of cooperative association excluded from

representation

-STATUTE-

Any such cooperative association or any such organization whose

duly authorized representative is excluded from such membership and

privileges by any board of trade referred to in section 432 of this

title may sue in the United States District Court in whose

jurisdiction such board of trade is operated or maintained for a

mandatory injunction compelling such board of trade to admit such

duly authorized representative to such membership and privileges

and for any damages sustained, and such court shall have

jurisdiction to issue such an injunction and to award such

incidental damages as it may deem appropriate.

-SOURCE-

(Mar. 4, 1927, ch. 508, Sec. 3, 44 Stat. 1424.)

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