7 U.S.C. § 227 — Powers of Federal Trade Commission and

Page 349 TITLE 7—AGRICULTURE § 227 ferred to in subsec. (a), means act Apr. 10, 1918, ch. 50, 40 Stat. 516, known as the Webb-Pomerene Act, which is classified generally to subchapter II (§ 61 et seq.) of chapter 2 of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see section 66 of Title 15 and Tables. Sections 73 to 76, inclusive, of the Act of August 27, 1894, entitled ‘‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’’, referred to in subsec. (a), are sections 73 to 76 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, and are known as the Wilson Tariff Act. Sections 73 to 76 enacted sections 8 to 11 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 8 of Title 15 and Tables. The Act entitled ‘‘An Act to amend sections seventy- three and seventy-six of the Act of August twenty-sev- enth, eighteen hundred and ninety-four, entitled, ‘An Act to reduce taxation, to provide revenue for the Gov- ernment, and for other purposes’,’’ approved February 12, 1913, referred to in subsec. (a), is act Feb. 12, 1913, ch. 40, 37 Stat. 667, which is classified to sections 8 and 11 of Title 15. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–273 substituted ‘‘sec- tions 73 to 76’’ for ‘‘sections 73 to 77’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–273 effective Nov. 2, 2002, and applicable only with respect to cases commenced on or after Nov. 2, 2002, see section 14103 of Pub. L. 107–273, set out as a note under section 3 of Title 15, Commerce and Trade. § 226. Powers of Interstate Commerce Commis- sion unaffected Nothing in this chapter shall affect the power or jurisdiction of the Interstate Commerce Com- mission, nor confer upon the Secretary concur- rent power or jurisdiction over any matter with- in the power or jurisdiction of such commission. (Aug. 15, 1921, ch. 64, title IV, § 406(a), 42 Stat. 169.) Editorial Notes CODIFICATION Section is comprised of subsec. (a) of section 406, of act Aug. 15, 1921. Subsecs. (b) to (e) of section 406, as amended, are classified to section 227 of this title. Statutory Notes and Related Subsidiaries ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. § 227. Powers of Federal Trade Commission and Secretary of Agriculture (a) Omitted (b) Jurisdiction of Federal Trade Commission The Federal Trade Commission shall have power and jurisdiction over any matter involv- ing meat, meat food products, livestock prod- ucts in unmanufactured form, or poultry prod- ucts, 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 de- termines 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 re- tail sales) involving such commodities if the Secretary within ten days from the date of re- ceipt of the notice notifies the Commission that there is pending in his Department an in- vestigation of, or proceeding for the preven- tion of, an alleged violation of this chapter in- volving the same subject matter. (3) Over all transactions in commerce in margarine, oleomargarine, or poultry products and over retail sales of meat, meat food prod- ucts and livestock products in unmanufac- tured form. (c) Limitation of Federal Trade Commission ju- risdiction 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 sub- section (b) of this section. (d) Jurisdiction of Secretary of Agriculture ex- cept for poultry products The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or re- tail sales of meat, meat food products, or live- stock 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 Govern- ment and burdens upon the industry, the Sec- retary shall notify the Federal Trade Commis- sion 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 Page 350 TITLE 7—AGRICULTURE § 228 receipt of such notice notifies the Secretary that there is pending in the Commission an in- vestigation 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 re- garding poultry products The Secretary of Agriculture shall exercise ju- risdiction over poultry products only in a pro- ceeding brought under section 197 of this title or section 228b–1 of this title when such action is necessary to avoid impairment of his jurisdic- tion. (f) Information to be included in annual reports The Secretary of Agriculture and the Federal Trade Commission shall include in their respec- tive annual reports information with respect to the administration of subsections (b), (d), and (e) of this section. (Aug. 15, 1921, ch. 64, title IV, § 406, 42 Stat. 169; Pub. L. 85–909, § 1(2), Sept. 2, 1958, 72 Stat. 1749; Pub. L. 100–173, § 7, Nov. 23, 1987, 101 Stat. 919; Pub. L. 102–237, title X, § 1008(2), Dec. 13, 1991, 105 Stat. 1898.) Editorial Notes CODIFICATION Subsection (a) of section 406 is classified to section 226 of this title. AMENDMENTS 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 inser- tion 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 fol- lows: ‘‘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 Com- mission shall have no power or jurisdiction over mat- ters within jurisdiction of Secretary of Agriculture ex- cept when Secretary requests Commission to make in- vestigations and reports in any case, which were incor- porated 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 Nov. 23, 1987, 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, Nov. 23, 1987, 101 Stat. 922, pro- vided 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 ju- risdiction 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 af- fecting commerce, involving poultry products. ‘‘(b) SECRETARY’S AUTHORITY.—Subsection (a) shall not be construed to limit or otherwise affect the au- thority 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, trans- ferred to Chairman of such Commission by 1950 Reorg. Plan No. 8, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Or- ganization and Employees. § 228. Authority of Secretary (a) Rules, regulations, and expenditures; appro- priations The Secretary may make such rules, regula- tions, and orders as may be necessary to carry out the provisions of this chapter and may co- operate 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 Co- lumbia, 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 chapter in the Dis- trict of Columbia and elsewhere, and as may be appropriated for by Congress, and there is au- thorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose. (b) Deductions from proceeds for financing pro- motional, educational, and research activi- ties Notwithstanding any other provision of law, the authority of the Secretary under this chap- ter shall not apply to deductions made from sales proceeds for the purpose of financing pro- motion and research activities, including edu- cational activities relating to livestock, meat, and other products covered by the chapter. (c) Budget estimate; testimony of Secretary be- fore Congressional committees On or before February 15 of each calendar year beginning with calendar year 1977, or such other date as may be specified by the appropriate com- mittee, the Secretary of Agriculture shall tes- tify before the Senate Committee on Agri- culture, Nutrition, and Forestry and the House Committee on Agriculture and provide justifica-