Chapter 508. To prevent discrimination against farmers’ cooperative associations by boards of trade and similar organizations, and for other purposes
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CHAP. 508.— An Act To prevent discrimination against farmers’ cooperative associations by boards of trade and similar organizations, and for other purposes.March 4, 1927.[[S. 2965](/us/bill/69/s/2965).][[Public, No. 802](/us/pl/69/802).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Farmers’ cooperative associations. Extended meaning of “agricultural products” That when used in this Act
(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 andMeaning of “board of trade,” 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 Grain Futures Act.
(c)The words “interstate commerce” shall be construed to mean“Interstate commerce” defined. 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 Act (but not in any wise limitingTransactions considered to be in Inter-state commerce. 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 1424 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 Act. For the purpose of this paragraph the wordMeaning of “State.” “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“Person” construed. or singular, and shall include individuals, associations, partnerships, corporations, and trusts.
(f)The act, omission, or failure of any official, agent, or otherAct. etc., of any official deemed also act of employing association, etc. 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. Sec. 2. No board of trade whose members are engaged in theProduce boards of trade not to exclude from membersbip there in, representatives of producers of agricultural products, etc. 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*Proviso*.No rule shall forbid return by association, of excess of moneys collected over business expenses. 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. Sec. 3. Any such cooperative association or any such organizationRight of excluded association to sue for in-junction to compel admission, and damages. whose duly authorized representative is excluded from such membership and privileges by any board of trade referred to in section 2 of this Act 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 jurisdictionJurisdiction of district court. to issue such an injunction and to award such incidental damages as it may deem appropriate. Approved, March 4, 1927.