§ 853. Terms and conditions of marketing agreements

Statutory text

Marketing agreements entered into pursuant to section 852 of this title shall contain such one or more of the following terms and conditions and no others as the Secretary finds, upon the basis of the hearing provided for in section 852 of this title, will tend to effectuate the policy declared in section 851 of this title:

One or more of the terms and conditions specified in subsection (7) of section 608c of this title.

Terms and conditions requiring each manufacturer to have in inventory in his own possession on April 1 of each year a reserve supply of completed serum equivalent to not less than 40 per centum of his previous year’s sales of all serum, except that any marketing agreement may provide that upon written application by a manufacturer filed before September 1 of the preceding year, the Secretary may fix another date between January 1 and May 1 on which such manufacturer shall have such inventory if the Secretary finds that such actions will tend to effectuate the purposes of section 851 of this title. The Secretary may impose such terms and conditions upon granting any such application as he finds necessary to effectuate the purposes of section 851 of this title. Serum used in computing the required reserve supply of any manufacturer shall not again be used in computing the required reserve supply of any other manufacturer.

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.

1935
Pub. L. 74–641 § 58 · 49 Stat. 750
Enacted · 7 U.S.C. § 853
Aug. 24, 1935, ch. 641, § 58, 49 Stat. 781
Source evidence
Code source credit
Aug. 24, 1935, ch. 641, § 58, 49 Stat. 781
Enacted provision · exact public law section
Sec. 58. Marketing agreements entered into pursuant to section 57 Terms and conditions in agreements. of this Act shall contain such one or more of the following terms and conditions and no others as the Secretary finds, upon the basis of the hearing provided for in section 57, will tend to effectuate the policy declared in section 56 of this Act: (a) One or more of the terms and conditions specified in subsection (7) of section 8c of the Agricultural Adjustment Act, as amended. (b) Terms and conditions requiring each manufacturer to have available on May 1 of each year a supply of completed serum equivalent to not less than 40 per centum of his previous year’s sales.
1958
Pub. L. 85–574 · 72 Stat. 454
1. Substituted · 7 U.S.C. § 853
  Pub. L. 85–574 substituted “in inventory in his own possession on April 1” for “available on May 1”
2. Inserted · 7 U.S.C. § 853
  Pub. L. 85–574 inserted exception provision for changing minimum inventory date under certain terms and conditions
3. Inserted · 7 U.S.C. § 853
  Pub. L. 85–574 inserted prohibition against reusing serum in computation of required reserve supply for different manufacturers
Source evidence
Code amendment note
Cl. (b). Pub. L. 85–574 substituted “in inventory in his own possession on April 1” for “available on May 1”, inserted exception provision for changing minimum inventory date under certain terms and conditions, and inserted prohibition against reusing serum in computation of required reserve supply for different manufacturers.

1 of 4 references resolved to an enrolled provision · 3 partial

Editorial Notes

References in Text

Section 851 of this title, referred to in clause (b), was in the original “this Act”, meaning act Aug. 24, 1935. For complete classification of act Aug. 24, 1935, to the Code, see Tables.

Amendments

1958—Cl. (b). Pub. L. 85–574 substituted “in inventory in his own possession on April 1” for “available on May 1”, inserted exception provision for changing minimum inventory date under certain terms and conditions, and inserted prohibition against reusing serum in computation of required reserve supply for different manufacturers.

Credits

1935–1958 · 2 acts

1935Aug. 24, 1935, ch. 641, § 58, 49 Stat. 781
1958Pub. L. 85–574, July 31, 1958, 72 Stat. 454.

Show as published

(Aug. 24, 1935, ch. 641, § 58, 49 Stat. 781; Pub. L. 85–574, July 31, 1958, 72 Stat. 454.)