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and duties, and for other purposes ”, approved September 26, 1914 (15 U. S. C., secs. 46, 48, 49, 50), 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. 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. (Aug. 15, 1921, sec. 402, 42 Stat. 168; 7 U. S. C., sec. 222.)

417. Responsibility of principal for omission or act of agent.—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 for any line-novelty dealer or handler, stockyard owner, market agency, or dealer, within the scope of his employment or office, shall in every case also be deemed the act, omis. sion, or failure of such packer, stockyard owner, market agency, or dealer, as well as that of such agent, officer, or other person. (Aug. 15, 1921, sec. 403, 42 Stat. 168; Aug. 14, 1935, sec. 503, Public No. 272, 74th Cong.; 7 U.S. C., sec. 223.)

418. Attorney General to institute court proceedings for enforcement.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. (Aug. 15, 1921, sec. 404, 42 Stat. 168; 7 U.S. C., sec. 224.)

419. Other laws unaffected.-Nothing contained in this Act, except as otherwise provided herein, shall be construed

(a) To prevent or interfere with the enforcement of, or the procedure under, the provisions of the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies ", approved July 2, 1890, the Act entitled “An Act to supplementi existing laws against unlawful restraints and monopolies, and for 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 Act to reduce taxation, to provide revenue for the Government, and for other purposes”, as amended by the Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twentyseventh, 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 parts thereof, or

(c) To prevent or interfere with any investigation, proceeding, or prosecution begun and pending at the time this Act becomes effective. (Aug. 15, 1921, sec. 405, 42 Stat. 168; 7 U.S. C., sec. 225.)

420. Powers of Interstate Commerce Commission unaffected; powers of Federal Trade Commission restricted.-(a) Nothing in this Act shall affect the power or jurisdiction 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 remains 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, to define its powers and duties, and for other purposes approved September 26, 1914, or under section 11 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 14, 1914, and except when the Secretary of Agriculture, in the exercise of his duties hereunder, shall request of the said Federal Trade Commission that it make investigations and report in any case. (Aug. 15, 1921, sec. 406, 42 Stat. 169; 7 U. S. C., secs. 226, 227.)

421. General authority of Secretary as to rules, etc.—The Secretary may make such rules, regulations, and 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 shall 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 be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose. (Aug. 15, 1921, sec. 407, 42 Stat. 169; 7 U.S. C., sec. 228.)

422. Effect of partial invalidity. If any provision of this Act or the application thereof to 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. (Aug. 15, 1921, sec. 408, 42 Stat. 169; 7 U. S. C., sec. 229.)

TITLE V-LIVE POULTRY DEALERS AND HANDLERS

423. Evils in handling of live poultry constituting burden on interstate commerce.—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. (Aug. 14, 1935, sec. 501, Public, No. 272, 74th Cong.)

424. Secretary of Agriculture authorized to ascertain and designate cities where burdens are imposed ; licenses required of persons other than packers and railroads; violation of subsection; issuance of licenses.-(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 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 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 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.

(b) Any person desiring a license shall make application to the Secretary, who may by regulation prescribe the information to be contained in such application. The Secretary shall issue a license 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 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. (Aug. 14, 1935, sec. 502, Public, No. 272, 74th Cong.)

425. Live poultry dealer defined.—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. (Aug. 14, 1935, sec. 503, Public, No. 272, 74th Cong.)

426. Application of act to licenses under this title.—The provisions of sections 305 to 316, both inclusive, 401, 402, 403, and 404 of said Act [7 U. S. C., secs. 206–217, 221–224], 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. (Aug. 14, 1935, sec. 504, Public, No. 272, 74th Cong.)

427. Suspension by Secretary of Agriculture of license of offender. Whenever the Secretary determines, after opportunity 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. (Aug. 14, 1935, sec. 505, Public, No. 272, 74th Cong.)

WAREHOUSES

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428. Short title of act.—That this Act shall be known by the short title of " United States warehouse Act.” (Aug. 11, 1916, sec. 15, 39 Stat. 486, 7 U.S. C., sec. 241.)

429. Definitions. That the term “ warehouse" as used in this Act shall be deemed to mean every building, structure, or other protected enclosure in which any agricultural product is or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive jurisdiction of the United States, in which any agricultural product is or may be stored. As used in this Act, “ person” includes a corporation or partnership or two or more persons having a joint or common interest; “ warehouseman a person lawfully engaged in the business of storing agricultural products; and “receipt" means a warehouse receipt. (Aug. 11, 1916, sec. 2, 39 Stat. 486; Feb. 23, 1923, 42 Stat. 1282; 7 U. S. C., sec. 242.)

430. Investigation of warehousing, classification, weighing, and certification, of agricultural products; inspection of warehouses; prescribing duties of warehousemen.—That the Secretary of Agriculture is authorized to investigate the storage, warehousing, classifying according to grade and otherwise, weighing, and certification of agricultural products; upon application to him

by any person applying for license to conduct a warehouse under this Act, to inspect such warehouse or cause it to be inspected, at any time, with or without application to him, to inspect or cause to be inspected all warehouses licensed under this Act; to determine whether warehouses for which licenses are applied for or have been issued under this Act are suitable for the proper storage of any agricultural product or products; to classify warehouses licensed or applying for a license in accordance with their ownership, location, surroundings, capacity, conditions, and other qualities, and as to the kinds of licenses issued or that may be issued for them pursuant to this Act; and to prescribe, within the limitations of this Act, the duties of the warehousemen conducting warehouses licensed under this Act with respect to their care of and responsibility for agricultural products stored therein. (Aug. 11, 1916, sec. 3, 39 Stat. 486; 7 U. S. C., sec. 243.)

431. License to warehouseman generally. That the Secretary of Agriculture, or his designated representative, is authorized, upon application to him, to issue to any warehouseman a license for the conduct of a warehouse or warehouses in accordance with this Act and such rules and regulations as may be made hereunder: Provided, That each such warehouse be found suitable for the proper storage of the particular agricultural product or products for which a license is applied for, and that such warehouseman agree, as a condition to the granting of the license, to comply with and abide by all the terms of this Act and the rules and regulations prescribed hereunder. (Aug. 11, 1916, sec. 4, 39 Stat. 486; Mar. 2, 1931, sec. 1, 46 Stat. 1463; 7 U.S.C., sec. 244.)

432. Term of license; renewal.—That each license issued under sections four and nine of this Act [7 U. S. C., secs. 244, 248] shall terminate as therein provided, or in accordance with the terms of this Act and the regulations thereunder, and may from time to time be modified or extended by written instrument. (Aug. 11, 1916, sec. 5, 39 Stat. 486; Feb, 23, 1923, 42 Stat. 1282; 7 U.S. C., sec. 245.)

433. Suspension and revocation of license of warehouseman generally.That the Secretary of Agriculture, or his designated representative, may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license to any warehouseman conducting a warehouse under this Act, for any violation of or failure to comply with any provision of this Act or of the rules and regulations made hereunder, or upon the ground that unreasonable

or exorbitant charges have been made for services rendered. Pending investigation, the Secretary of Agriculture, or his designated representative, whenever he deems necessary, may suspend a license temporarily without hearing. (Aug. 11, 1916, sec. 5, 39 Stat. 490; Mar. 2, 1931, sec. 8, 46 Stat. 1465; 7 U. S. C., sec. 246.)

434. Bond of applicant for license.—That each warehouseman apply. ing for a license to conduct a warehouse in accordance with this Act shall, as a condition to the granting thereof, execute and file with the Secretary of Agriculture a good and sufficient bond to the United States to secure the faithful performance of his obligations as a warehouseman under the terms of this Act and the rules and regulations prescribed hereunder, and of such additional obligations as a warehouseman as may be assumed by him under contracts with the respective depositors of agricultural products in such warehouse. Said bond shall be in such form and amount, shall have such surety or sureties, subject to service of process in suits on the bond within the State, District, or Territory in which the warehouse is located, and shall contain such terms and conditions as the Secretary of Agriculture may prescribe to carry out the purposes of this Act, and may, in the discretion of the Secretary of Agriculture, include the requirements of fire and/or other insurance. Whenever the Secretary of Agriculture, or his designated representative, shall determine that a previously approved bond is, or for any cause has become, insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this section, and unless the same be given within the time fixed by a written demand therefor the license of such warehouseman may be suspended or revoked. (Aug. 11, 1916, sec. 6, 39 Stat. 486; July 24, 1919, 41 Stat. 266; Feb. 23, 1923, sec. 2, 42 Stat. 1283; Mar. 2, 1931, sec. 2, 46 Stat. 1463; 7 U.S. C., sec. 247.)

435. License to person not warehouseman; bond; duties of licensee.That the Secretary of Agriculture, or his designated representative, may, under such rules and regulations as he shall prescribe, issue a license to any person not a warehouseman to accept the custody of agricultural products, and to store the same in a warehouse or warehouses owned, operated, or leased by any State, upon condition that such person agree to comply with and abide by the terms of this Act and the rules and regulations prescribed hereunder. Each person so licensed shall issue receipts for the agricultural products placed in his custody, and shall give bond, in accordance with the provisions of this Act, and the rules and regulations hereunder affecting, warehousemen licensed under this Act, and shall otherwise be subject to

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