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7 USC CHAPTER 30 - ANTI-HOG-CHOLERA SERUM AND

HOG-CHOLERA VIRUS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 30 - ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS

.

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CHAPTER 30 - ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS

-MISC1-

Sec.

851. Declaration of policy.

852. Marketing agreements with handlers; exemption from antitrust

laws.

853. Terms and conditions of marketing agreements.

854. Order regulating handlers; issuance and terms.

855. Applicability of other laws.

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7 USC Sec. 851 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 30 - ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS

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Sec. 851. Declaration of policy

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It is declared to be the policy of Congress to insure the

maintenance of an adequate supply of anti-hog-cholera serum and

hog-cholera virus by regulating the marketing of such serum and

virus in interstate and foreign commerce, and to prevent undue and

excessive fluctuations and unfair methods of competition and unfair

trade practices in such marketing.

-SOURCE-

(Aug. 24, 1935, ch. 641, Sec. 56, 49 Stat. 781.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 852, 853, 855 of this

title.

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7 USC Sec. 852 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 30 - ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS

-HEAD-

Sec. 852. Marketing agreements with handlers; exemption from

antitrust laws

-STATUTE-

In order to effectuate the policy declared in section 851 of this

title the Secretary of Agriculture shall have the power, after due

notice and opportunity for hearing, to enter into marketing

agreements with manufacturers and others engaged in the handling of

anti-hog-cholera serum and hog-cholera virus only with respect to

such handling as is in the current of interstate or foreign

commerce or which directly burdens, obstructs, or affects

interstate or foreign commerce in such serum and virus. Such

persons are in section 854 of this title referred to as

''handlers.'' The making of any such agreement shall not be held to

be in violation of any of the antitrust laws of the United States,

and any such agreement shall be deemed to be lawful.

-SOURCE-

(Aug. 24, 1935, ch. 641, Sec. 57, 49 Stat. 781.)

-REFTEXT-

REFERENCES IN TEXT

Antitrust laws of the United States, referred to in text, are

classified generally to chapter 1 (Sec. 1 et seq.) of Title 15,

Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 853, 854, 855 of this

title.

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7 USC Sec. 853 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 30 - ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS

-HEAD-

Sec. 853. Terms and conditions of marketing agreements

-STATUTE-

Marketing agreements entered into pursuant to section 852 of this

title shall contain such one or more of the following terms and

conditions and no others as the Secretary finds, upon the basis of

the hearing provided for in section 852 of this title, will tend to

effectuate the policy declared in section 851 of this title:

(a) One or more of the terms and conditions specified in

subsection (7) of section 608c of this title.

(b) Terms and conditions requiring each manufacturer to have in

inventory in his own possession on April 1 of each year a reserve

supply of completed serum equivalent to not less than 40 per centum

of his previous year's sales of all serum, except that any

marketing agreement may provide that upon written application by a

manufacturer filed before September 1 of the preceding year, the

Secretary may fix another date between January 1 and May 1 on which

such manufacturer shall have such inventory if the Secretary finds

that such actions will tend to effectuate the purposes of section

851 of this title. The Secretary may impose such terms and

conditions upon granting any such application as he finds necessary

to effectuate the purposes of section 851 of this title. Serum

used in computing the required reserve supply of any manufacturer

shall not again be used in computing the required reserve supply of

any other manufacturer.

-SOURCE-

(Aug. 24, 1935, ch. 641, Sec. 58, 49 Stat. 781; Pub. L. 85-574,

July 31, 1958, 72 Stat. 454.)

-REFTEXT-

REFERENCES IN TEXT

Section 851 of this title, referred to in clause (b), was in the

original ''this Act'', meaning act Aug. 24, 1935. For complete

classification of act Aug. 24, 1935, to the Code, see Tables.

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AMENDMENTS

1958 - Cl. (b). Pub. L. 85-574 substituted ''in inventory in his

own possession on April 1'' for ''available on May 1'', inserted

exception provision for changing minimum inventory date under

certain terms and conditions, and inserted prohibition against

reusing serum in computation of required reserve supply for

different manufacturers.

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7 USC Sec. 854 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 30 - ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS

-HEAD-

Sec. 854. Order regulating handlers; issuance and terms

-STATUTE-

Whenever all the handlers of not less than 75 per centum of the

volume of anti-hog-cholera serum and hog-cholera virus which is

handled in the current of interstate or foreign commerce, or so as

directly to burden, obstruct, or affect interstate or foreign

commerce, have signed a marketing agreement entered into with the

Secretary of Agriculture pursuant to section 852 of this title, the

Secretary of Agriculture shall issue an order which shall regulate

only such handling in the same manner as, and contain only such

terms and conditions as are contained in such marketing agreement,

and shall from time to time amend such order in conformance with

amendments to such marketing agreement. Such order shall terminate

upon termination of such marketing agreement as provided in such

marketing agreement.

-SOURCE-

(Aug. 24, 1935, ch. 641, Sec. 59, 49 Stat. 781.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 852, 855 of this title.

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7 USC Sec. 855 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 30 - ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS

-HEAD-

Sec. 855. Applicability of other laws

-STATUTE-

Subject to the policy declared in section 851 of this title, the

provisions of subsections (6) to (9) of section 608a and of

subsections (14) and (15) of section 608c of this title, are made

applicable in connection with orders issued pursuant to section 854

of this title, and the provisions of section 608d of this title are

made applicable in connection with marketing agreements entered

into pursuant to section 852 of this title and orders issued

pursuant to section 854 of this title. The provisions of

subsections (a), (b)(2), (c), (f), (h), and (i) of section 610 of

this title, are made applicable in connection with the

administration of this chapter.

-SOURCE-

(Aug. 24, 1935, ch. 641, Sec. 60, 49 Stat. 782.)

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