Public Law 74–532

That the Act to regulate interstate and foreign commerce in livestock, livestock products, dairy products, poultry, poultry products, and eggs, and for other purposes, approved August 15, 1921 (U. S. C., title 7, secs. 181–229), is hereby amended by the addition of the following title:

“TITLE V— LIVE POULTRY DEALERS AND HANDLERS

“Section 501.

The handling of the great volume of live poultry required as an article of food for the inhabitants of large centers of population is attendant with various unfair, deceptive, and fraudulent practices and devices, resulting in the producers sustaining sundry losses and receiving prices far below the reasonable value of their live poultry in comparison with prices of other commodities and in unduly and arbitrarily enhancing the cost to the consumers. Such practices and devices are an undue restraint and unjust burden upon interstate commerce and are a matter of such grave concern to the industry and to the public as to make it imperative that steps be taken to free such commerce from such burden and restraint and to protect producers and consumers against such practices and devices.

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“Sec. 502.

(a)(a)

The Secretary of Agriculture is authorized and directed to ascertain from time to time and to designate the cities where such practices and devices exist to the extent stated in the preceding section and the markets and places in or near such cities where live poultry is received, sold, and handled in sufficient quantity to constitute an important influence on the supply and price of live

Publication of effective date of designations.

poultry and poultry products. On and after the effective date of such designation, which shall be publicly announced by the Secretary by publication in one or more trade journals or in the daily press or in such other manner as he may determine to be adequate for the

Requirement of license thereafter.

Vol. 42, p. 160.

purpose approximately thirty days prior to such date, no person other than packers as defined in title II of said Act and railroads shall engage in, furnish, or conduct any service or facility in any such designated city, place, or market in connection with the receiving, buying, or selling, on a commission basis or otherwise, marketing, feeding, watering, holding, delivering, shipping, weighing, unloading, loading on trucks, trucking, or handling in commerce of live poultry without a license from the Secretary of Agriculture as herein authorized valid and effective at such time. Any person

Penalty for violation.

who violates any provision of this subsection shall be subject to a fine of not more than $500 or imprisonment of not more than six months, or both.

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“(b)“(b)

Any person desiring a license shall make application to the

Licenses; application, Issue.

Secretary, who may by regulation prescribe the information to be contained in such application. The Secretary shall issue a license

Issue.

to any applicant furnishing the required information unless he finds after opportunity for a hearing that such applicant is unfit to engage in the activity for which he has made application by reason of his

Denial.

having at any time within two years prior to his application engaged in any practice of the character prohibited by this Act or because he is financially unable to fulfill the obligations that he would incur as a licensee.

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“Sec. 503.

Sections 202, 401, 402, 403, and 404 of said Act are

Amendments to designated sections.

Vol. 42, pp. 161, 168.

“Live poultry dealer”, defined.

amended by the addition of the words ‘or any live poultry dealer or handler’ after the word ‘packer’ wherever it occurs in said sections. The term ‘live poultry dealer’ means any person engaged in the business of buying or selling live poultry in commerce for purposes of slaughter either on his own account or as the employee or agent of the vendor or purchaser.

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“Sec. 504.

The provisions of sections 305 to 316, both inclusive,

Licensees.

Provisions applicable to.

Vol. 42, pp. 164–168.

401, 402, 403, and 404 of said Act shall be applicable to licensees with respect to services and facilities covered by this title and the rates, charges, and rentals therefor except that the schedules of rates, charges, and rentals shall be posted in the place of business of the licensee as prescribed in regulations made by the Secretary.

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“Sec. 505.

Whenever the Secretary determines, after opportunity

Penalties.

for a hearing, that any licensee has violated or is violating any of the provisions of this title, he may publish the facts and circumstances of such violation and by order suspend the license of such offender for a period not to exceed ninety days and if the violation is flagrant or repeated he may by order revoke the license of the offender.”

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