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(d) The Secretary may allot to bureaus and offices of the Department of Agriculture, or may transfer to such other agencies of the State and Federal Governments as may be requested by him to assist in carrying out this chapter, any funds made available to him under this chapter.
(e) In carrying out the provisions of this chapter the Secretary shall have all of the authority conferred upon him by section 502 of Title 16.
(f) The Secretary may lease at reasonable rentals structures erected by the Government with essential facilities for such periods as such structures and facilities are not required for the purposes of this chapter; and any part of land or structures with essential facilities acquired by lease, deed, or other agreement pursuant to this chapter, which are not required or suitable for the purposes of this chapter during the period the United States is entitled to possession thereof may be leased or subleased at a reasonable rental; and any surplus water controlled by the United States on land owned or leased by the United States for the purposes of this chapter may be disposed of at reasonable rates. (Mar. 5, 1942, ch. 140, § 2, 56 Stat. 127, as amended Oct. 20, 1942, ch. 617, $$ 5-7, 56 Stat. 797.)
AMENDMENTS 1942–Subd. (a) was amended by act Oct. 20, 1942, SS 5, 7, cited to text, by inserting after the words “citizens of” the word “other”, by striking out the words “in the West:rn Hemisphere", and by inserting the sentence immediately following the words “of Title 5."
Subsecs. (e) and (f) were added by act Oct. 20, 1942, § 6, cited to text.
$ 173. Same; appropriations.—There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this chapter. Any amounts so appropriated, and any funds received by the Secretary under this chapter, shall remain permanently available for the purposes of this chapter without regard to the provisions of any other laws relating to the availability and disposition of appropriated funds and the disposition of funds collected by officers or agencies of the United States. (Mar. 5, 1942, ch. 140, § 3, 56 Stat. 128.)
8 174. Same; disposition of proceeds from sale.--Any proceeds from the sales of guayule, rubber processed from guayule, or other rubber-bearing plants, or from other sales, rentals, and fees resulting from operations under sections 171, 172, and 173 of this title, shall be covered into the Treasury as miscellaneous receipts. (Apr. 28, 1942, ch. 247, title III, 56 Stat. 240, as amended July 2, 1942, ch. 476, title I, § 1, 56 Stat. 597; July 12, 1943, ch. 215, § 1, 57 Stat. 415; June 28, 1944, ch. 296, § 1, 58 Stat. 447.)
CODIFICATION Text of section is from act July 2, 1942, cited thereto. Act Apr. 28, 1942, also cited, contained identical provisions, except for words "rentals, and fees,” which did not appear therein.
8 175. Same; lease or sublease of unsuitable lands; disposal of water supply.-Subject to conditions prescribed by the Secretary of Agriculture, any part of the land acquired by lease, deed, or other agreement pursuant to sections 171, 172 and 173 of this title, which is not required or suitable for the purposes of said sections may be leased or subleased at a reasonable rental during the period the United States is entitled to possession thereof; and any surplus water supplies controlled by the United States on such land may be disposed of at reasonable rates. (July 2, 1942, ch. 476, title I, § 1, 56 Stat. 597.)
Chapter 9.--PACKERS AND STOCKYARDS
§ 181. Short title of chapter. This chapter may be cited as the "Packers and Stockyards Act, 1921." (Aug. 15, 1921, ch. 64, § 1, 42 Stat. 159.)
§ 182. "Person"; "Secretary”; ''meat food products"; "livestock"; "livestock products"; "commerce"; defined.—When used in this chapter
(1) The term "person" includes individuals, partnerships, corporations, and associations;
(2) The term "Secretary" means the Secretary of Agriculture;
(3) The term "meat food products" means all products and byproducts of the slaughtering and meat-packing industry_if edible;
(4) The term "livestock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead;
(5) The term "livestock products" means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock; and
(6) The term "commerce” means commerce between any 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. (Aug. 15, 1921, ch. 64, § 2, 42 Stat. 159.)
§ 183. When transaction deemed in commerce; "State" defined. -For the purpose of this chapter (but not in anywise limiting the definition in the preceding section) a transaction in respect to any article shall be considered to be in commerce if such article is part of that current of commerce usual in the livestock and meat-packing industries, whereby livestock, meats, meat food products, livestock products, dairy products, poultry, poultry products, or eggs, 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 slaughter of livestock within the State and the ship ment outside the State of the products resulting from such slaughter. Articles normally in such current of commerce shall not be considered out of such current 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 section the word "State" includes Territory, the District of
Columbia, possession of the United States, and foreign nation. (Aug. 15, 1921, ch. 64, § 2, 42 Stat. 159.)
$ 191. "Packer" defined.—When used in this chapter
The term “packer" means any person engaged in the business (a) of buying livestock in commerce for purposes of slaughter, or (b) of manufacturing or preparing meats or meat food products for sale or shipment in commerce, or (c) of manufacturing or preparing livestock products for sale or shipment in commerce, or (d) of marketing meats, meat food products, livestock products, dairy products, poultry, poultry products, or eggs, in commerce; but no person engaged in such business of manufacturing or preparing livestock products or in such marketing business shall be considered a packer unless
(1) Such person is also engaged in any business referred to in clause (a) or (b) above, or unless
(2) Such person owns or controls, directly or indirectly, through stock ownership or control or otherwise, by himself or through his agents, servants, or employees, any interest in any business referred to in clause (a) or (b) above, or unless
(3) Any interest in such business of manufacturing or preparing livestock products, or in such marketing business is owned or controlled, directly or indirectly, through stock ownership or control or otherwise, by himself or through his agents, servants, or employees, by any person engaged in any business referred to in clause (a) or (b) above, or unless
(4) Any person or persons jointly or severally, directly or indirectly, through stock ownership or control or otherwise, by themselves or through their agents, servants, or employees, own or control in the aggregate 20 per centum or more of the voting power or control in such business of manufacturing or preparing livestock products, or in such marketing business and also 20 per centum or more of such power or control in any business referred to in clause (a) or (b) above. (Aug. 15, 1921, ch. 64, § 201, 42 Stat. 160.)
§ 192. Unlawful practices enumerated. It shall be unlawful for any packer or any live poultry dealer or handler to:
(a) Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in commerce; or
(b) Make or give, in commerce, any undue or unreasonable preferance or advantage to any particular person or locality in any respect whatsoever, or subject, in commerce, any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever; or
(c) Sell or otherwise transfer to or for any other packer, or any live poultry dealer or handler, or buy or otherwise receive from or for any other packer or any live poultry dealer or handler any article for the purpose or with the effect of apportioning the supply in commerce between any such packers, if such apportionment has the tendency or effect of restraining commerce or of creating a monopoly in commerce; or
(d) Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices in commerce, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article in commerce, or of restraining commerce; or
(e) Engage in any course of business or do any act for the purpose or with the effect of manipulating or controlling prices in commerce, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article in commerce, or of restraining commerce; or
(f) Conspire, combine, agree, or arrange with any other person (1) to apportion territory for carrying on business in commerce, or (2) to apportion purchases or sales of any article in commerce, or (3) to manipulate or control prices in commerce; or
(g) Conspire, combine, agree, or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by subdivision (a), (b), (c), (d), or (e). (Aug. 15, 1921, ch. 64, $ 202, 42 Stat. 161; Aug. 15, 1921, ch. 64, $ 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649.)
$ 193. General procedure before Secretary for violations; complaint; hearing; intervention; report and order; service of process. --(a) Whenever the Secretary has reason to believe that any packer has violated or is violating any provision of sections 191195 of this title, he shall cause a complaint in writing to be served upon the packer, stating his charges in that respect, and requiring the packer to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the packer a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may on application be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing the Secretary may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the packer, be adjourned for a period not exceeding fifteen days.
(b) If, after such hearing, the Secretary finds that the packer has violated or is violating any provisions of sections 191-195 of this title covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the packer an order requiring such packer to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture.
(c) Until a transcript of the record in such hearing has been filed in a circuit court of appeals of the United States, as provided in section 194 of this title, the Secretary at any time, upon such notice and in such manner as he deems proper, but only
after reasonable opportunity to the packer to be heard, may amend or set aside the report or order, in whole or in part.
(d) Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in section 45 of Title 15. (Aug. 15, 1921, ch. 64, § 203, 42 Stat. 161.)
§ 194. Conclusiveness of order; appeal and review; temporary and final injunction.-(a) An order made under section 193 of this title shall be final and conclusive unless within thirty days after service the packer appeals to the circuit court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary's order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such packer will pay the costs of the proceedings if the court so directs.
(b) The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such proceedings, including the complaint, the evidence, and the report and order. If before such transcript is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary.
(c) At any time after such transcript is filed the court, on application of the Secretary, may issue a temporary injunction restraining, to the extent it deems proper, the packer and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal.
(d) The evidence so taken or admitted, duly certified and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the circuit court of appeals shall be made a perferred cause and shall be expedited in every way.
(e) The court may affirm, modify, or set aside the order of the Secretary.
(f) If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence.
(g) If the circuit court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the packer, and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified.