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Title 7 — Agriculture

Chapter 9 — Packers and Stockyards

§ 227. Powers of Federal Trade Commission and Secretary of Agriculture

Statutory text

(a)

Omitted

(b)

Jurisdiction of Federal Trade Commission

The Federal Trade Commission shall have power and jurisdiction over any matter involving meat, meat food products, livestock products in unmanufactured form, or poultry products, which by this chapter is made subject to the power or jurisdiction of the Secretary, as follows:

(1)

When the Secretary in the exercise of his duties requests of the Commission that it make investigations and reports in any case.

(2)

In any investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission, arising out of acts or transactions involving meat, meat food products, or livestock products in unmanufactured form, if the Commission determines that effective exercise of its power or jurisdiction with respect to retail sales of any such commodities is or will be impaired by the absence of power or jurisdiction over all acts or transactions involving such commodities in such investigation or proceeding. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Commissioner shall notify the Secretary of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with regard to acts or transactions (other than retail sales) involving such commodities if the Secretary within ten days from the date of receipt of the notice notifies the Commission that there is pending in his Department an investigation of, or proceeding for the prevention of, an alleged violation of this chapter involving the same subject matter.

(3)

Over all transactions in commerce in margarine, oleomargarine, or poultry products and over retail sales of meat, meat food products and livestock products in unmanufactured form.

(c)

Limitation of Federal Trade Commission jurisdiction

The Federal Trade Commission shall have no power or jurisdiction over any matter which by this chapter is made subject to the jurisdiction of the Secretary, except as provided in subsection (b) of this section.

(d)

Jurisdiction of Secretary of Agriculture except for poultry products

The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or retail sales of meat, meat food products, or livestock products in unmanufactured form only when he determines, in any investigation of, or any proceeding for the prevention of, an alleged violation of this chapter, that such action is necessary to avoid impairment of his power or jurisdiction over acts or transactions involving livestock, meat, meat food products, livestock products in unmanufactured form, or poultry other than retail sales thereof. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Secretary shall notify the Federal Trade Commission of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with respect to acts or transactions involving oleomargarine or retail sales of meat, meat food products, or livestock products in unmanufactured form if the Commission within 10 days from the date of receipt of such notice notifies the Secretary that there is pending in the Commission an investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission involving the same subject matter.

(e)

Jurisdiction of Secretary of Agriculture regarding poultry products

The Secretary of Agriculture shall exercise jurisdiction over poultry products only in a proceeding brought under section 197 of this title or section 228b–1 of this title when such action is necessary to avoid impairment of his jurisdiction.

(f)

Information to be included in annual reports

The Secretary of Agriculture and the Federal Trade Commission shall include in their respective annual reports information with respect to the administration of subsections (b), (d), and (e) of this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 67–64 · 42 Stat. 147

    Enacted · 7 U.S.C. § 227

    Aug. 15, 1921, ch. 64, title IV, § 406, 42 Stat. 169

    Source evidence

    Code source credit
    Aug. 15, 1921, ch. 64, title IV, § 406, 42 Stat. 169

  2. Pub. L. 85–909 § 1(2) · 72 Stat. 1749

    Substituted · 7 U.S.C. § 227

    Pub. L. 85–909 substituted subsecs. (b) to (e) for former provisions providing that Federal Trade Commission shall have no power or jurisdiction over matters within jurisdiction of Secretary of Agriculture except when Secretary requests Commission to make investigations and reports in any case, which were incorporated in subsecs. (b)(1) and (c)

    Source evidence

    Code amendment note
    Pub. L. 85–909 substituted subsecs. (b) to (e) for former provisions providing that Federal Trade Commission shall have no power or jurisdiction over matters within jurisdiction of Secretary of Agriculture except when Secretary requests Commission to make investigations and reports in any case, which were incorporated in subsecs. (b)(1) and (c).

    Enacted provision · exact public law section
    (1) By amending section 202 by inserting after the word “unlawful” the words “with respect to livestock, meats, meat food products, livestock products in unmanufactured form, poultry, or poultry products”.

  3. Poultry Producers Financial Protection Act of 1987

    Pub. L. 100–173 § 7(1)(A)(ii) · 101 Stat. 917

    Changed · 7 U.S.C. § 227(b)(2)

    Pub. L. 100–173, § 7(1)(A)(ii), which directed insertion of “or” before “livestock products in unmanufactured form.” was executed by making insertion before “livestock products in unmanufactured form,” as the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 100–173, § 7(1)(A)(ii), which directed insertion of “or” before “livestock products in unmanufactured form.” was executed by making insertion before “livestock products in unmanufactured form,” as the probable intent of Congress.

    Enacted provision · exact public law section
    (ii) by inserting “or” before “livestock products in unmanufactured form.”; and

    Effective date note
    Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

  4. Poultry Producers Financial Protection Act of 1987

    Pub. L. 100–173 § 7(1)(A)(i) · 101 Stat. 917

    Struck · 7 U.S.C. § 227(b)(2)

    Pub. L. 100–173, § 7(1)(A)(i), struck out “or poultry products” after “in unmanufactured form,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–173, § 7(1)(A)(i), struck out “or poultry products” after “in unmanufactured form,”.

    Enacted provision · exact public law section
    (i) by striking “or poultry products”; and

    Effective date note
    Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

  5. Poultry Producers Financial Protection Act of 1987

    Pub. L. 100–173 § 7(1)(B) · 101 Stat. 917

    Amended · 7 U.S.C. § 227(b)(3)

    Pub. L. 100–173, § 7(1)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Over all transactions in commerce in margarine or oleomargarine and over retail sales of meat, meat food products, livestock products in unmanufactured form, and poultry products.”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 100–173, § 7(1)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Over all transactions in commerce in margarine or oleomargarine and over retail sales of meat, meat food products, livestock products in unmanufactured form, and poultry products.”

    Enacted provision · exact public law section
    (B) by amending paragraph (3) to read as follows: “(3) Over all transactions in commerce in margarine, Margarine. Meat. oleo-margarine, or poultry products and over retail sales of meat, meat food products and livestock products in unmanufactured form.”;

    Effective date note
    Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

  6. Poultry Producers Financial Protection Act of 1987

    Pub. L. 100–173 § 7(2) · 101 Stat. 917

    1. Amended · 7 U.S.C. § 227(d)

      Pub. L. 100–173, § 7(2), amended subsec. (d) generally

    2. Struck · 7 U.S.C. § 227(d)

      Pub. L. 100–173, § 7(2), striking out reference to poultry products in two places

    3. Substituted · 7 U.S.C. § 227(d)

      Pub. L. 100–173, § 7(2), substituting “10 days” for “ten days”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–173, § 7(2), amended subsec. (d) generally, striking out reference to poultry products in two places and substituting “10 days” for “ten days”.

    Enacted provision · exact public law section
    (2) by amending subsection (d) to read as follows: “(d) The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or retail sales of meat, meat food products, or livestock products in unmanufactured form only when he determines, in any investigation of, or any proceeding for the prevention of, an alleged violation of this Act, that such action is necessary to avoid impairment of his power or jurisdiction over acts or transactions involving livestock, meat, meat food products, livestock products in unmanufactured form, or poultry other than retail sales thereof. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Secretary shall notify the Federal Trade Commission of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with respect to acts or transactions involving oleomargarine or retail sales of meat, meat food products, or livestock products in unmanufactured form if the Commission within 10 days from the date of receipt of such notice notifies the Secretary that there is pending in the Commission an investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission involving the same subject matter.”;

    Effective date note
    Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

  7. Poultry Producers Financial Protection Act of 1987

    Pub. L. 100–173 § 7(3) · 101 Stat. 917

    1. Added · 7 U.S.C. § 227(e)

      Pub. L. 100–173, § 7(3), (4), added subsec. (e)

    2. Redesignated · 7 U.S.C. § 227(e)

      Pub. L. 100–173, § 7(3), (4), redesignated former subsec. (e) as (f)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–173, § 7(3), (4), added subsec. (e) and redesignated former subsec. (e) as (f).

    Enacted provision · exact public law section
    (3) by redesignating subsection (e) as subsection (f);

    Effective date note
    Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

  8. Poultry Producers Financial Protection Act of 1987

    Pub. L. 100–173 § 7(3) · 101 Stat. 917

    1. Redesignated · 7 U.S.C. § 227(f)

      Pub. L. 100–173, § 7(3), (5), redesignated former subsec. (e) as (f)

    2. Substituted · 7 U.S.C. § 227(f)

      Pub. L. 100–173, § 7(3), (5), substituted “subsections (b), (d), and (e)” for “subsections (b) and (d)”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–173, § 7(3), (5), redesignated former subsec. (e) as (f) and substituted “subsections (b), (d), and (e)” for “subsections (b) and (d)”.

    Enacted provision · exact public law section
    (3) by redesignating subsection (e) as subsection (f);

    Effective date note
    Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

  9. Pub. L. 102–237 title X § 1008(2) · 105 Stat. 1818

    Struck · 7 U.S.C. § 227(b)(2)

    Pub. L. 102–237 struck out comma after “unmanufactured form,”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 102–237 struck out comma after “unmanufactured form,”.

    Enacted provision · exact public law section
    (2) in section 406(b)(2) (7 U.S.C. 227(b)(2)), by striking the comma after “unmanufactured form,”.

12 of 13 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Subsection (a) of section 406 is classified to section 226 of this title.

Amendments1958–1991 · 3 rounds

1991

Subsec. (b)(2). Pub. L. 102–237 struck out comma after “unmanufactured form,”.

1987

Subsec. (b)(2). Pub. L. 100–173, § 7(1)(A)(ii), which directed insertion of “or” before “livestock products in unmanufactured form.” was executed by making insertion before “livestock products in unmanufactured form,” as the probable intent of Congress.

Pub. L. 100–173, § 7(1)(A)(i), struck out “or poultry products” after “in unmanufactured form,”.

Subsec. (b)(3). Pub. L. 100–173, § 7(1)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Over all transactions in commerce in margarine or oleomargarine and over retail sales of meat, meat food products, livestock products in unmanufactured form, and poultry products.”

Subsec. (d). Pub. L. 100–173, § 7(2), amended subsec. (d) generally, striking out reference to poultry products in two places and substituting “10 days” for “ten days”.

Subsec. (e). Pub. L. 100–173, § 7(3), (4), added subsec. (e) and redesignated former subsec. (e) as (f).

Subsec. (f). Pub. L. 100–173, § 7(3), (5), redesignated former subsec. (e) as (f) and substituted “subsections (b), (d), and (e)” for “subsections (b) and (d)”.

1958

Pub. L. 85–909 substituted subsecs. (b) to (e) for former provisions providing that Federal Trade Commission shall have no power or jurisdiction over matters within jurisdiction of Secretary of Agriculture except when Secretary requests Commission to make investigations and reports in any case, which were incorporated in subsecs. (b)(1) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–173 effective 90 days after , see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

Construction of 1987 Amendments

Pub. L. 100–173, § 11, , 101 Stat. 922, provided that:

“(a)

General Rule.—

The amendments made by this Act [see Short Title of 1987 Amendment note set out under section 181 of this title] to the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.], shall not be construed to limit or otherwise affect the power or jurisdiction of the Federal Trade Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] to prevent the use of—

“(1)

unfair methods of competition in or affecting commerce, and

“(2)

unfair and deceptive acts or practices in or affecting commerce,

involving poultry products.

“(b)

Secretary’s Authority.—

Subsection (a) shall not be construed to limit or otherwise affect the authority of the Secretary of Agriculture under section 406(e), as amended, of the Packers and Stockyards Act, 1921 [7 U.S.C. 227(e)].”

Executive Documents

Transfer of Functions

Executive and administrative functions of Federal Trade Commission, with certain reservations, transferred to Chairman of such Commission by 1950 Reorg. Plan No. 8, § 1, eff. , 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Organization and Employees.

Credits

1921–1991 · 4 acts
  1. 1921Aug. 15, 1921, ch. 64, title IV, § 406, 42 Stat. 169
  2. 1958Pub. L. 85–909, § 1(2), , 72 Stat. 1749
  3. 1987Pub. L. 100–173, § 7, , 101 Stat. 919
  4. 1991Pub. L. 102–237, title X, § 1008(2), , 105 Stat. 1898.
Show as published

(Aug. 15, 1921, ch. 64, title IV, § 406, 42 Stat. 169; Pub. L. 85–909, § 1(2), , 72 Stat. 1749; Pub. L. 100–173, § 7, , 101 Stat. 919; Pub. L. 102–237, title X, § 1008(2), , 105 Stat. 1898.)

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