Page:United States Statutes at Large Volume 59 Part 1.djvu/327

This page needs to be proofread.

59 STAT.] 79TH CONG. , 1 ST SESS.-CH. 214-JUNE 30, 1945 application made within five days after judgment. Notwithstanding the provisions of this paragraph, in the case of a proceeding under section 205 (a) the court granting a stay under this paragraph shall 56 st. 33. issue a temporary injunction or restraining order enjoining or restrain- Iv, app. 1925 ing, during the period of the stay, violations by the defendant of any provision of the regulation, order, or price schedule involved in the proceeding. If any provision of a regulation, order, or price schedule Effect of coU is determined to be invalid by judgment of the Emergency Court of Appeals which has become effective in accordance with section 204 (b), any proceeding pending in any court shall be dismissed, and 56 Sat. C. any judgment in such proceeding vacated, to the extent that such IV, 924(b). proceeding or judgment is based upon violation of such provision. Except as provided in this subsection, the pendency of any protest under section 203, or judicial proceeding under this section, shall 560 at.s not be grounds for staying any proceeding brought pursuant to section , app §93 35 Stat. 1096 205 of this Act or section 37 of the Criminal Code; nor, except as pro- 1su.s.c.I vided in this subsection, shall any retroactive effect be given to any judgment setting aside a provision of a regulation or order issued under 5 St.24 section 2 or of a price schedule effective in accordance with the iv, app. §§9 Ante, pp. 51, provisions of section 206." Aste,. 71, SEC. 7. Section 3 of the Stabilization Act of 1942, as amended, is IV, app. 9 further amended by inserting at the end thereof the following: "Pro- vided further, That on and after the date of the enactment of this Mdaidmum proviso, no maximum prices shall be established or maintained on restriction. products resulting from the processing of cattle and calves, lambs and sheep, and hogs, the processing of each species being separately considered, which, taken together, do not allow for a reasonable margin of profit to the processing industry as a group on each such species." SEC. 8 . The Stabilization Act of 1942, as amended, is amended by s upr inserting after section 3 thereof a new section as follows: "SEC. 3A. (a) While this Act is in effect, no quota or other slaugh- pertifan"tai tering limitation shall be imposed upon any slaughterer of animals, ditions. under authority of this or any other law, if the Secretary of Agri- culture has certified that the slaughtering plant is operated under sanitary conditions and that the meat produced therein is clean, wholesome, and suitable for human consumption; but certification Exceptions under this section shall not be made with respect to any slaughtering plant (1) at which inspection is maintained under the Act of March 4, 1907 (34 Stat. 1260), with respect to all its slaughtering operations, su2pp1.sI; or, (2) at which such inspection under such Act was previously main- tained if, in the judgment of the Secretary of Agriculture, the slaugh- terer withdrew such plant from such inspection for the purpose of applying for certification under this section. "(b) As a condition of making certification in the case of any such slaughterer, the Secretary of Agriculture may require that such slaughterer make available to the armed services of the United States, or for Government purchase, such percentage of the meat slaughtered and processed as he may deem necessary or advisable. "(c) The Secretary of Agriculture may make the certification pro- fCpertleantio. vided for under subsection (a) with respect to a designated part of a slaughtering plant without making such certification with respect to the remainder of such slaughtering plant, in which event the pro- visions of this section shall apply only to meat produced in such designated part of the slaughtering plant. "(d) In order that he may make the certifications provided for Inspection. under subsection (a), the Secretary of Agriculture may provide for inspection in such manner and by such persons as he may deem advisable. 309 , Supp. (a). urtjudg- , Supp. , Supp. i. 35. , Supp. 2, 926. 306,307. ., Supp. priceson roducts, ion of ry con- if71-93; , note. of part