Page:United States Statutes at Large Volume 72 Part 1.djvu/1792

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[72 Stat. 1750]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1750]

1760

PUBLIC LAW 85-909-SEPT. 2, 1958

[72 S T A T.

  • '(c) The Federal Trade Commission shall have no power or

jurisdiction over any matter which by this Act is made subject to the jurisdiction of the Secretary, except as provided in subsection (b) of this section. " (d) The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or retail sales of meat, meat food products, livestock products in unmanufactured form, or poultry products only when he determines, in any investigation of, or any proceeding tor 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, poultry or poultry products, 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, livestock products in unmanufactured form, or poultry products if the Commission within ten 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. Reports. " ^g^ 'j'j^g Secretary of Agriculture and the Federal Trade Commission shall include in their respective annual reports information with respect to the administration of subsections (b) and (d) of this section." SEC. 2. Said Act is further amended— (1) by striking out the words "at a stockyard" from sections 7 USC 201. 301 (c) and 301 (d); 7 USC 202. (2) by striking out the last sentence of section 302(a): Provided, however, That nothing herein shall be deemed a definition of the term "public stockyards" as used in section 15(5) of the 49 USC 15. Interstate Commerce Act; (3) by inserting after the first sentence in section 303 the following sentence: "Every other person operating as a market agency 7 USC 201. or dealer as defined in section 301 of the Act may be required to register in such manner as the Secretary may prescribe."; 7 USC 212. (4) by amending section 311 by striking out the words "stockyard owner or market agency" wherever they occur and inserting "stockyard owner, market agency, or dealer" and by striking out "stockyard owners or market agencies" and inserting "stockyard owners, market agencies, or dealers"; (5) by striking out the words "at a stockyard" from section 7 USC 213. 312 (a). SEC. 3. Subsection 6 of section 5(a) of the Federal Trade Commis38 Stat. 719. siou Act (15 U.S.C. 45 (a)(6)) is amended by striking out "persons, partnerships or corporations subject to the Packers and Stockyards 7 USC 226,227. j^^t, 1921, exccpt as provided in section 406(b) of said Act", and substituting therefor the following: "persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended, except as provided in section 406(b) of said Act". 7 USC 228. SEC. 4. Section 407 of the Packers and Stockyards Act, 1921, as amended, is amended (1) by inserting " (a) " immediately after "Sec. 407." and (2) by adding at the end thereof the following new subsection: