Chapter 64. To regulate interstate and foreign commerce in live stock, live stock products, dairy products, poultry, poultry products, and eggs, and for other purposes
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CHAP. 64.— An Act To regulate interstate and foreign commerce in live stock, live stock products, dairy products, poultry, poultry products, and eggs, and for other purposes. August 15, 1921. [[H. R. 6320](/us/bill/67/hr/6320).] [[Public, No. 51](/us/pl/67/51).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Title I.—Definitions.Packers and Stockyards Act, 1921. This Act may be cited as the “Packers and Stockyards Act, 1921.”Title of Act. Sec. 2.
(a)When used in this Act—Terms defined.
(1)The term “person” includes individuals, partnerships, corporations,“Person.” and associations;
(2)The term “Secretary” means the Secretary of Agriculture;“Secretary.”
(3)The term “meat food products” means all products and by-products“Meat food products.” of the slaughtering and meat-packing industry—if edible; 160
(4)“Live stock.” The term “live stock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead;
(5)“Live-stock products.” The term “live-stock 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)“Commerce.” The term “commerce” means 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.
(b)Transactions considered as of articles in interstate commerce. For the purpose of this Act (but not in any wise limiting the foregoing definition) 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 live-stock and meat-packing industries, whereby live stock, meats, meat food products, live-stock 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 live stock within the State and the shipment 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 Act. For the purpose of this paragraph the word ‘State” includes Territory, the District of Columbia, possession of the United States, and foreign nation. Title II.—Packers.Packers. Sec. 201. Business described. When used in this Act— Buying live stock for slaughter.The term “packer” means any person engaged in the business Preparing meats, etc.(a) of buying live stock in commerce for purposes of slaughter, or Manufacturing livestock products.(b) of manufacturing or preparing meats or meat food products for sale or shipment in commerce, or
(c)of manufacturing or preparing Marketing meats, etc.live-stock products for sale or shipment in commerce, or
(d)of marketing meats, meat food products, live-stock products, dairy products, Conditions including live-stock production, marketing meats, etc.poultry, poultry products, or eggs, in commerce; but no person engaged m such business of manufacturing or preparing live-stock products or in such marketing business shall be considered a packer unless—
(1)Buying Live stock or preparing meats, etc. Such person is also engaged in any business referred to in clause
(a)or
(b)above, or unless
(2)Controlling such business. 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)If business controlled by live-stock dealers or preparing meats, etc. Any interest in such business of manufacturing or preparing live-stock 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)Owning 20 per cent of such business and 20 per cent of live stock eaters or preparing meats, etc. 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 live-stock products, 161 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. Sec. 202. It shall be unlawful for any packer to:Unlawful acts.
(a)Engage in or use any unfair, unjustly discriminatory, or deceptive practice orUnfair, deceptive, etc., practices. device in commerce; or
(b)Make or give, in commerce, any undue or unreasonable preferenceGiving undue preferences to persons or localities. 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 buyApportioning supply among packers in restraint of commerce, etc. or otherwise receive from or for any other packer, any article for the purpose or with the effect of apportioning the supply m 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 orTrading in articles to manipulate prices, create monopoly, etc. 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 purposeConducting any business for such purposes. 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)Conspiring to apportion territory, purchases, prices, etc. 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 personConspiring to aid in unlawful acts. to do, or aid or abet the doing of, any act made unlawful by subdivision (a), (b), (c), (d), or (e). Sec. 203.
(a)Whenever the Secretary has reason to believe that Suspected violations. Packers to be served with complaints of.any packer has violated or is violating any provision 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 suchHearings. 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 onOthers may intervene. application be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior toAmending complaints, etc. 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 ot the packer, be adjourned for a period not exceeding fifteen days.
(b)If, after such hearing, the Secretary finds that the packerIssue of order to cease violations. has violated or is violating any provisions 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 beTestimony to be preserved. reduced to writing and filed in the records of the Department of Agriculture. 162
(c)Amendment of order, etc., prior to filing appeal. 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 204, the Secretary at any time, upon such notice and in such manner as he deems proper, hilt 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)Service of process, etc. Vol. 38, p. 721. Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in section 5 of the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,” approved September 26, 1914. Sec. 204. Order conclusive, unless petition filed in circuit court of appeals to set aside, etc.
(a)An order made under section 203 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)Record, etc., to be certified to court. 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, Amendment, etc., before filing.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)Temporary injunction until appeal determined. 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)Evidence admitted. 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 Expediting directed.the evidence in the case. The proceedings in such cases in the circuit court of appeals shall be made a preferred cause and shall be expedited in every way.
(e)Authority of court. The court may affirm, modify, or set aside the order of the Secretary.
(f)Reopening of hearing on order of court. 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 Modification of findings, etc.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 now findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence.
(g)Injunction by court. 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.
(h)Exclusive jurisdiction of court. The circuit court of appeals shall have exclusive jurisdiction to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall Review by Supreme Court. Vol. 36, p. 1157. Not to stay decree.be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 240 of the Judicial Code, if such writ is duly applied for within sixty days after entry of the decree. The issue of such writ shall not operate as a stay of the decree of the circuit court of appeals, in so far as such decree operates as an injunction, unless so ordered by the Supreme Court. 163
(i)For the purposes of this title the term “circuit court of appeals,”Jurisdiction of District of Columbia Court of Appeals. in case the principal place of business of the packer is in the District of Columbia, means the Court of Appeals of the District of Columbia. Sec. 205. Any packer, or any officer, director, agent, or employeePunishment for not obeying order. of a packer, who fails to obey any order of the Secretary issued under the provisions of section 203, or such order as modified—
(1)After the expiration of the time allowed for filing a petitionIf no appeal filed. in the circuit court of appeals to set aside or modify such order, if no such petition has been filed within such time; or
(2)After the expiration of the time allowed for applying for a writIf writ of certiorari not applied for. of certiorari, if such order, or such order as modified, has been sustained by the circuit court of appeals and no such writ has been applied for within such time; or
(3)After such order, or such order as modified, has been sustainedIf order sustained by courts. by the courts as provided in section 204: shall on conviction be fined not lessPenalty. than $500 nor more than $10,000, or imprisoned for not less than six months nor more than five years, or both. Each day during which such failure continues shall be deemed a separate offense. Title III.—Stockyards.Stockyards. Sec. 301. When used in this Act—Terms construed.
(a)The term “stockyard owner” means any person engaged in the“Stockyard owner.” business of conducting or operating a stockyard;
(b)The term “stockyard services” means services or facilities furnished“Stockyard services.” at a stockyard in connection with the receiving, buying or selling on a commission basis or otherwise, marketing, feeding, watering, holding, delivery, shipment, weighing, or handling, in commerce, of five stock;
(c)The term “market agency” means any person engaged in the“Market agency.” business of
(1)buying or selling in commerce live stock at a stockyard on a commission basis or
(2)furnishing stockyard services; and
(d)The term “dealer” means any person, not a market agency,“Dealer.” engaged in the business of buying or selling in commerce live stock at a stockyard, either on his own account or as the employee or agent of the vendor or purchaser. Sec. 302.
(a)When used in this title the term “stockyard” means“Stockyard.” any place, establishment, or facility commonly known as stockyards,Public character, etc., specified. conducted or operated for compensation or profit as a public market, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce. This title shall notSmaller areas not included. apply to a stockyard of which the area normally available for handling live stock, exclusive of runs, alleys, or passage ways, is less than twenty thousand square feet.
(b)The Secretary shall from time to time ascertain, after suchPublic notice to be given of places affected. inquiry as he deems necessary, the stockyards which come within the foregoing definition, and shall give notice therof to the stockyard owners concerned, and give public notice thereof by posting copies of such notice in the stockyard, and in such other manner as he may determine. After the giving of such notice to the stockyard ownerSubject thereupon to provisions of Act. and to the public, the stockyard shall remain subject to the provisions of this title until like notice is given by the Secretary that such stockyard no longer comes within the foregoing definition. Sec. 303. After the expiration of thirty days after the SecretaryMarket agencies or dealers to register business, etc. has given public notice that any stockyard is within the definition of section 302, by posting copies of such notice in the stockyard, no person shall carry on the business of a market agency or dealer at such stockyard unless he has registered with the Secretary under such rules and regulations as the Secretary may prescribe, his name and 164address, the character of business in which he is engaged and the Penalty for violations.kinds of stockyard services, if any, which he furnishes at such stockyard. Whoever violates the provisions of this section shall be liable to a penalty of not more than $500 for each such offense and not more Recovery.than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States. Sec. 304. Services to be furnished without discrimmation. It shall be the duty of every stockyard owner and market agency to furnish upon reasonable request, without discrimination, reasonable stockyard services at such stockyard. Sec. 305. All rates to be just, reasonable, etc. All rates or charges made for any stockyard services furnished at a stockyard by a stockyard owner or market agency shall be just, reasonable, and non discriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful. Sec. 306. Schedules of rates to be filed by ownersand market agencies.
(a)Within sixty days after the Secretary has given public notice that a stockyard is within the definition of section 302, by posting copies of such notice in the stockyard, the stockyard owner and every market agency at such stockyard shall file with the Secretary, and print and Keep open to public inspection at the stockyard, schedules showing all rates and charges for the stockyard services furnished by such person at such stockyard. If a market agency commences business at the stockyard after the expiration of such sixty days such schedules must be filed before any stockyard services are furnished.
(b)Details required. Such schedules shall plainly state all such rates and charges in such detail as the Secretary may require, and shall also state any rules or regulations which in any manner change, affect, or determine any part or the aggregate of such rates or charges, or the value Form, etc., to be prescribed.of the stockyard services furnished. The Secretary may determine and prescribe the form and manner in which such schedules shall be prepared, arranged, and posted, and may from time to time make such changes in respect thereto as may be found expedient.
(c)No changes allowed without ton days notice. No changes shall be made in the rates or charges so filed and published, except after ten days’ notice to the Secretary and to the public filed and published as aforesaid, which shall plainly state the changes proposed to be made and the time such changes will go into Modifications allowed by Secretary.effect; but the Secretary may, for good cause shown, allow changes on less than ten days’ notice, or modify the requirements of this section in respect to publishing, posting, and filing of schedules, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions.
(d)Use of rejected schedules unlawful. The Secretary may reject and refuse to file any schedule tendered for filing which does not provide and give lawful notice of its effective date, and any schedule so rejected by the Secretary shall be void and its use shall be unlawful.
(e)Hearings on proposed new rates, etc. Whenever there is filed with the Secretary any schedule, stating a new rate or charge, or a new regulation or practice affecting any rate or charge, the Secretary may either upon complaint or upon his own initiative without complaint, at once, and if he so orders without answer or other formal pleading by the person filing such schedule, but upon reasonable notice, enter upon a hearing Suspension pending decision.concerning the lawfulness of such rate, charge, regulation, or practice, and pending such hearing and decision thereon the Secretary, upon filing with such schedule and delivering to the person filing it a statement in writing of his reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, regulation, or practice, but not for a longer period than thirty days beyond the Issue of order.time when it would otherwise go into effect; and after full hearing, whether completed before or after the rate, charge, regulation, or prac-165tice goes into effect, the Secretary may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If any such hearing can not be concluded withinExtension of suspension. the period of suspension the Secretary may extend the time of suspension for a further period not exceeding thirty days, and if theChanges allowed if hearing not then concluded. proceeding has not been concluded and an order made at the expiration of such thirty days, the proposed change of rate, charge, regulation, or practice shall go into effect at the end of such period.
(f)After the expiration of the sixty days referred to in subdivisionProhibitions.
(a)no person shall carry on the business of a stockyard ownerCarrying on business without filing rates, etc. or market agency unless the rates and charges for the stockyard services furnished at the stockyard have been filed and published in accordance with this section and the orders of the Secretary made thereunder; nor charge, demand, or collect a greater or less or different compensationCharging other than specified rates, etc. for such services than the rates and charges specified in the schedules filed and in effect at the time; nor refund orRefunding rates, except by cooperative associations. remit in any manner any portion of the rates or charges so specified (but this snail not prohibit a cooperative association of producers from bona fide returning to its members, on a patronage basis, its excess earnings on their live stock, subject to such regulations as the Secretary may prescribe); nor extend to any person at such stockyardExtending other than services in schedules. any stockyard services except such as are specified in such schedules.
(g)Whoever fails to comply with the provisions of this sectionPenalty for noncompliance with orders, etc. or of any regulation or order of the Secretary made thereunder shall be liable to a penalty of not more than $500 for each such offense, and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil action broughtRecovery. by the United States.
(h)Whoever willfully fails to comply with the provisions of thisPunishment for willful violations. section or of any regulation or order of the Secretary made thereunder shall on conviction be fined not more than $1,000, or imprisoned not more than one year, or both. Sec. 307. It shall be the duty of every stockyard owner and marketStockyard services to be just, reasonable, and nondiscriminatory. agency to establish, observe, and enforce just, reasonable, and non-discriminatory regulations and practices in respect to the furnishing of stockyard services, and every unjust, unreasonable, or discriminatoryUnjust, etc., unlawful. regulation or practice is prohibited and declared to be unlawful. Sec. 308.
(a)If any stockyard owner, market agency, or dealer, Liability to persons injured by violations hereof.violates any of the provisions of sections 304, 305, 306, or 307, or of any order of the Secretary made under this title, he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation.
(b)Such liability may be enforced either
(1)by complaint to theEnforcement. Secretary as provided in section 309, or
(2)by suit in any district court of the United States of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies. Sec. 309.
(a)Any person complaining of anything done or omittedViolations of orders. to be done by any stockyard owner, market agency, or dealer (hereinafterComplaints to be filed with Secretary. in this section referred to as the “defendant”) in violation of the provisions of sections 304, 305, 306, or 307, or of an order of the Secretary made under this title, may, at any time within ninety days after the cause of action accrues, apply to the Secretary by petition which shall briefly state the facts, whereupon the complaint thus made shall be forwarded by the Secretary to the defendant, who shallDefendant to be called upon to answer. be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be specified by the Secretary. If theLiability relieved on reparation. defendant within the time specified makes reparation for the injury 166alleged to be done he shall be relieved of liability to the complainant Investigation on failure, etc.only for the particular violation thus complained of. If the defendant does not satisfy the complaint within the time specified, or there appears to be any reasonable ground for investigating the complaint, it shall be the duty of the Secretary to investigate the matters complained of in such manner and by such means as he deems proper.
(b)Investigations on complaints by State, etc., agencies. The Secretary, at the request of the live-stock commissioner, Board of Agriculture, or other agency of a State or Territory, having jurisdiction over stockyards in such State or Territory, shall investigate any complaint forwarded by such agency in like manner and with the same authority and powers as in the case of a complaint made under subdivision (a).
(c)Investigations by Secretary on his own motion. The Secretary may at any time institute an inquiry on his own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made to or before the Secretary, by any provision of this title, or concerning which any question may arise under any of the provisions of this title, or relating to the Authority conferred.enforcement of any of the provisions of this title. The Secretary shall have the same power and authority to proceed with any inquiry instituted upon his own motion as though he had been appealed to by petition, including the power to make and enforce any order or orders in the case or relating to the matter or thing concerning which the inquiry is had, except orders for the payment of money.
(d)Direct damage not required. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.
(e)Award to complainant. If after hearing on a complaint the Secretary determines that the complainant is entitled to an award of damages, the Secretary shall make an order directing the defendant to pay to the complainant the sum to which he is entitled on or before a day named.
(f)Institution of suit on failure of defendant to comply with order. If the defendant does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may within one year of the date of the order file in the district court of the United States for the district in which he resides or in which is located the principal place of business of the defendant or in any State court having general jurisdiction of the parties, a petition setting forth Procedure.briefly the causes for which he claims damages and the order of the Secretary in the premises. Such suit in the district court shall proceed in all respects like other civil suits for damages except that the findings and orders of the Secretary shall be prima facie evidence of the facts therein stated, and the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner finally prevails, he shall be allowed a reasonable attorney’s fee to be taxed and collected as a part of the costs of the suit. Sec. 310. Authority of Secretary, if charges, etc., found unjust, unreasonable, or discriminatory.Whenever after full hearing upon a complaint made as provided in section 309, or after full hearing under an order for investigation and hearing made by the Secretary on his own initiative, either in extension of any pending complaint or without any complaint whatever, the Secretary is of the opinion that any rate, charge, regulation, or practice of a stockyard owner or market agency, for or in connection with the furnishing of stockyard services, is or will be unjust, unreasonable, or discriminatory, the Secretary—
(a)To determine rates, etc., to be observed. May determine and prescribe what will be the just and reasonable rate or charge, or rates or charges, to be thereafter observed in such case, or the maximum or minimum, or maximum and minimum, to be charged, and what regulation or practice is or will be just, reasonable, and nondiscriminatory to be thereafter followed; and
(b)Order to cease from violations. May make an order that such owner or operator
(1)shall cease and desist from such violation to the extent to which the Secretary Charge, etc., none but prescribed rates.finds that it does or will exist;
(2)shall not thereafter publish, de167mand, or collect any rate or charge for the furnishing of stockyard services other than the rate or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be; and
(3)shall conform to and observe the regulation orConform to prescribed regulations. practice so prescribed. Sec. 311. Whenever in any investigation under the provisions of thisLive stock not in commerce. Rates, etc., to be prescribed when practices as to, discriminate for intrastate, against interstate commerce. title, or in any investigation instituted by petition of the stockyard owner or market agency concerned, which petition is hereby authorized to be filed, the Secretary after full hearing finds that any rate, charge, regulation, or practice of any stockyard owner or market agency, for or in connection with the buying or selling on a commission basis or otherwise, receiving, marketing, feeding, holding, delivery, shipment, weighing, or handling, not in commerce, of live stock, causes any undue or unreasonable advantage, prejudice, or preference as between persons or localities in intrastate commerce in live stock on the one hand and interstate or foreign commerce in live stock on the other hand, or any undue, unjust, or unreasonable discrimination against interstate or foreign commerce in live stock, which is hereby forbidden and declared to be unlawful, the Secretary shall prescribe the rate, charge, regulation, or practice thereafter to be observed, in such manner as, in his judgment, will remove such advantage, preference, or discrimination. Such rates, charges, regulations, or practices shall beRates, etc., to be observed irrespective of State laws, etc. observed while in effect by the stockyard owners or market agencies parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding. Sec. 312.
(a)It shall be unlawful for any stockyard owner, marketLive stock at stockyards. Unfair, etc., practices as to, unlawful. agency, or dealer to engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in connection with the receiving, marketing, buying or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing or handling, in commerce at a stockyard, of live stock.
(b)Whenever complaint is made to the Secretary by any Order to cease from violations to be issued.person, or whenever the Secretary has reason to believe, that any stockyard owner, market agency, or dealer is violating the provisions of subdivision (a), the Secretary after notice and full hearing may make an order that he shall cease and desist from continuing such violation to the extent that the Secretary finds that it does or will exist. Sec. 313. Except as otherwise provided in this Act, all orders ofTaking effect of orders other than for money. the Secretary under this title, other than orders for the payment of money, shall take effect within such reasonable time, not less than five days, as is prescribed in the order, and shall continue in force until his further order, or for a specified period of time, according as is prescribed in the order, unless such order is suspended or modified or set aside by the Secretary or is suspended or set aside by a court of competent jurisdiction. Sec. 314.
(a)Any stockyard owner, market agency, or dealerPenalty for falling to obey order. who knowingly fails to obey any order made under the provisions of sections 310, 311, or 312 shall forfeit to the United States the sum of $500 for each offense. Each distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. Such forfeiture shall be recoverable inRecovery. a civil suit in the name of the United States.
(b)It shall be the duty of the various district attorneys, underProsecution by district attorneys. the direction of the Attorney General, to prosecute for the recovery of forfeitures. The costs and expense of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. Sec. 315. If any stockyard owner, market agency, or dealer failsEnforcement of orders. Suit in district court for, other than for money. to obey any order of the Secretary other than for the payment of money while the same is in effect, the Secretary, or any party injured 168thereby, or the United States by its Attorney General, may apply to the district court for the district in which such person has his Issue of injunction, etc.principal place of business for the enforcement of such order. If after nearmg the court determines that the order was lawfully made and duly served and that such person is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such person, his officers, agents, or representatives from further disobedience of such order or to enjoin upon him or them obedience to the same. Sec. 316. Provisions for suspending orders of interstate Commerce Commission applicable to Secretary’s orders. For the purposes of this title, the provisions of all laws relating to. the suspending or restraining the enforcement, operation, or execution of, or the setting aside in whole or in part the orders of the Interstate Commerce Commission, are made applicable to the jurisdiction, powers, and duties of the Secretary m enforcing the provisions of this title, and to any person subject to the provisions of this title. Title IV.—General provisions.General Provisions. Sec. 401. Accounts, etc., to be kept. Every packer, stockyard owner, market agency, and dealer shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or Forms, etc., may be prescribed.otherwise. Whenever the Secretary finds that the accounts, records, and memoranda of any such person do not fully and correctly disclose all transactions involved in his business, the Secretary may prescribe the manner and form in which such accounts, records, and Punishment for non-compliance.memoranda shall be kept, and thereafter any such person who fails to keep such accounts, records, and memoranda in the manner and form prescribed or approved by the Secretary shall upon conviction be fined not more than $5,000, or imprisoned not more than three years, or both. Sec. 402. Enforcement powers of Federal Trade Commission made applicable hereto. Vol. 38, pp. 721–723. For the efficient execution of the provisions of this Act, and in order to provide information for the use of Congress, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,” approved September 26, 1914, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this Act and to any person subject to the provisions of this Act, whether or not a corporation. Agents authorized.The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this Act in any part of the United States. Sec. 403. Principals responsible for acts of agents, etc. When construing and enforcing the provisions of this Act, the act, omission, or failure of any agent, officer, or other person acting for or employed by any packer, stockyard owner, market agency, or dealer, within the scope of his employment or office, shall in every case also be deemed the act, omission, or failure of such packer, stockyard owner, market agency, or dealer, as well as that of such agent, officer, or other person. Sec. 404. Attorney General to order court proceedings. The Secretary may report any violation of this Act to the Attorney General of the United States, who shall cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. Sec. 405. Laws not affected. Nothing contained in this Act, except as otherwise provided herein, shall be construed—
(a)Antitrust acts. To prevent or interfere with the enforcement of, or the Vol. 26, p. 209.procedure under, the provisions of the Act entitled “An Act to protect Vol. 38, p.730.trade and commerce against unlawful restraints and monopolies,” approved July 2, 1890, the Act entitled “An Act to supplement 169existing laws against unlawful restraints and monopolies, and forInterstate Commerce laws. Vol. 24, p. 376; Vol. 41, p. 456. Export trade law. Vol. 40, p. 516. other purposes, approved October 15, 1914, the Interstate Commerce Act as amended, the Act entitled “An Act to promote export trade, and for other purposes,” approved April 10, 1918, or sections 73 to 77, inclusive, of the Act of August 27, 1894, entitled “An ActAntitrust applications to imports. to reduce taxation, to provide revenue for the Government, and for other purposes,” as amended by the Act entitled “An Act to amendVol. 28, p. 570. sections seventy-three and seventy-six of the Act of August twenty-seventh,Vol. 37, p. 667. eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’” approved February 12, 1913, or
(b)To alter, modify, or repeal such Acts or any part or partsModifications, etc., thereof. thereof, or
(c)To prevent or interfere with any investigation, proceeding, orPending investigations, etc. prosecution begun and pending at the time this Act becomes effective. Sec. 406.
(a)Nothing in this Act shall affect the power or jurisdictionInterstate Commerce Commission powers not affected. of the Interstate Commerce Commission, nor confer upon the Secretary concurrent power or jurisdiction over any matter within the power or jurisdiction of such Commission.
(b)On and after the enactment of this Act, and so long as it remainsFederal Trade Commission. No jurisdiction of, over matters made subject to Secretary. Pending cases excepted. in effect, the Federal Trade Commission shall have no power or jurisdiction so far as relating to any matter which by this Act is made subject to the jurisdiction of the Secretary, except in cases in which, before the enactment of this Act, complaint has been served under section 5 of the Act entitled “An Act to create a Federal Trade Commission,Vol. 38, p. 719. to define its power and duties, and for other purposes,” approved September 26, 1914, or under section 11 of the Act entitledVol. 38, p. 734. “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,” approved October 15, 1914, and except when the Secretary of Agriculture, in the exercise of hisTo make investigations on request of Secretary. duties hereunder, shall request of the said Federal Trade Commission that it make investigations and report in any case. Sec. 407. The Secretary may make such rules, regulations andRules, etc., to be prescribed. orders as may be necessary to carry out the provisions of this Act and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency or political subdivision thereof, or any person; and shallAuthority for employees, expenses, etc. have the power to appoint, remove, and fix the compensation of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, telegrams, telephones, law books, books of reference, periodicals, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and as may be appropriated for by Congress, and there is hereby authorized to beAppropriations authorized. *Post*, p. 194. appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose. Sec. 408. If any provision of this Act or the application thereof toInvalidity of any provision, etc., not to affect remainder of Act. any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Approved, August 15, 1921.