US (United States) Code. Title 7. Chapter 12: Associations of agricultural products procedures

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

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7 USC CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS

PRODUCERS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS

.

-HEAD-

CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS

-MISC1-

Sec.

291. Authorization of associations; powers.

292. Monopolizing or restraining trade and unduly enhancing prices

prohibited; remedy and procedure.

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7 USC Sec. 291 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS

-HEAD-

Sec. 291. Authorization of associations; powers

-STATUTE-

Persons engaged in the production of agricultural products as

farmers, planters, ranchmen, dairymen, nut or fruit growers may act

together in associations, corporate or otherwise, with or without

capital stock, in collectively processing, preparing for market,

handling, and marketing in interstate and foreign commerce, such

products of persons so engaged. Such associations may have

marketing agencies in common; and such associations and their

members may make the necessary contracts and agreements to effect

such purposes: Provided, however, That such associations are

operated for the mutual benefit of the members thereof, as such

producers, and conform to one or both of the following

requirements:

First. That no member of the association is allowed more than one

vote because of the amount of stock or membership capital he may

own therein, or,

Second. That the association does not pay dividends on stock or

membership capital in excess of 8 per centum per annum.

And in any case to the following:

Third. That the association shall not deal in the products of

nonmembers to an amount greater in value than such as are handled

by it for members.

-SOURCE-

(Feb. 18, 1922, ch. 57, Sec. 1, 42 Stat. 388.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1a, 457, 608c, 2302, 5623

of this title; title 15 section 57b-5.

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7 USC Sec. 292 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS

-HEAD-

Sec. 292. Monopolizing or restraining trade and unduly enhancing

prices prohibited; remedy and procedure

-STATUTE-

If the Secretary of Agriculture shall have reason to believe that

any such association monopolizes or restrains trade in interstate

or foreign commerce to such an extent that the price of any

agricultural product is unduly enhanced by reason thereof, he shall

serve upon such association a complaint stating his charge in that

respect, to which complaint shall be attached, or contained

therein, a notice of hearing, specifying a day and place not less

than thirty days after the service thereof, requiring the

association to show cause why an order should not be made directing

it to cease and desist from monopolization or restraint of trade.

An association so complained of may at the time and place so fixed

show cause why such order should not be entered. The evidence

given on such a hearing shall be taken under such rules and

regulations as the Secretary of Agriculture may prescribe, reduced

to writing, and made a part of the record therein. If upon such

hearing the Secretary of Agriculture shall be of the opinion that

such association monopolizes or restrains trade in interstate or

foreign commerce to such an extent that the price of any

agricultural product is unduly enhanced thereby, he shall issue and

cause to be served upon the association an order reciting the facts

found by him, directing such association to cease and desist from

monopolization or restraint of trade. On the request of such

association or if such association fails or neglects for thirty

days to obey such order, the Secretary of Agriculture shall file in

the district court in the judicial district in which such

association has its principal place of business a certified copy of

the order and of all the records in the proceeding, together with a

petition asking that the order be enforced, and shall give notice

to the Attorney General and to said association of such filing.

Such district court shall thereupon have jurisdiction to enter a

decree affirming, modifying, or setting aside said order, or enter

such other decree as the court may deem equitable, and may make

rules as to pleadings and proceedings to be had in considering such

order. The place of trial may, for cause or by consent of parties,

be changed as in other causes.

The facts found by the Secretary of Agriculture and recited or

set forth in said order shall be prima facie evidence of such

facts, but either party may adduce additional evidence. The

Department of Justice shall have charge of the enforcement of such

order. After the order is so filed in such district court and

while pending for review therein the court may issue a temporary

writ of injunction forbidding such association from violating such

order or any part thereof. The court may, upon conclusion of its

hearing, enforce its decree by a permanent injunction or other

appropriate remedy. Service of such complaint and of all notices

may be made upon such association by service upon any officer or

agent thereof engaged in carrying on its business, or on any

attorney authorized to appear in such proceedings for such

association, and such service shall be binding upon such

association, the officers, and members thereof.

-SOURCE-

(Feb. 18, 1922, ch. 57, Sec. 2, 42 Stat. 388.)

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RESTRICTION ON USE OF FUNDS RESPECTING STUDY, INVESTIGATION, OR

PROSECUTION OF ANY AGRICULTURAL COOPERATIVE OR STUDY OR

INVESTIGATION OF ANY AGRICULTURAL MARKETING ORDERS

For provisions restricting the use of funds authorized to be

appropriated to carry out section 41 et seq. of Title 15, Commerce

and Trade, for fiscal year 1980, 1981, or 1982, for the purpose of

conducting any study, investigation, or prosecution of any

provisions of this chapter, see section 20 of Pub. L. 96-252, set

out as a note under section 57c of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1a, 457, 608c of this

title; title 15 section 57b-5.

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