work, educational activity, or procurement of patronage, provided no part of any such compensation is returned to patrons (whether members or nonmembers) of such cooperative association, or of its regional or local member-associations, otherwise than as a dividend on capital stock or as a patronage dividend out of the net earnings or surplus of such federated cooperative association. "SEC. 6b. If any board of trade, or any director, officer, agent, or employee of any board of trade is violating or has violated any of the provisions of this Act or any of the rules or regulations of the Secretary of Agriculture thereunder, or any order issued by the commission pursuant to any provision of this Act, the commission, in lieu of revoking the designation of such board of trade as a ‘contract market' may, upon notice and hearing and subject to appeal as in other cases provided for in paragraph (a) of section 6 of this Act, make and enter an order directing that such board of trade, director, officer, agent, or employee shall cease and desist from such violation or violations, and if such board of trade, director, officer, agent, or employee, thereafter and after the lapse of the period allowed for appeal of such order or after the affirmance of such order, shall fail or refuse to obey or comply with such order, such board of trade, director, officer, agent, or employee shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $10,000 or imprisoned for not less than six months nor more than one year, or both. Each day during which such failure or refusal to obey such order continues shall be deemed a separate offense." SEC. 10. The Grain Futures Act is amended by adding after section 8 (U. S. C., 1934 ed., title 7, sec. 12) the following new section: "SEC. 8a. The Secretary of Agriculture is authorized "(1) to register futures commission merchants and floor brokers upon application in accordance with rules and regulations and in form and manner to be prescribed by the Secretary of Agriculture; and "(2) to refuse to register any person if such person has violated any of the provisions of this Act or any of the rules or regulations promulgated by the Secretary of Agriculture hereunder for which the registration of such person has been suspended (and the period of such suspension shall not have expired) or has been revoked; and "(3) to suspend or revoke the registration of any futures commission merchant who shall knowingly accept any order for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market from any person if such person has been denied trading privileges on any contract market by order of the Secretary of Agriculture under the provisions of paragraph (b) of section 6 of this Act and the period of denial specified in such order shall not have expired; and “(4) to fix and establish from time to time fees and charges for registrations and renewals thereof and for copies of registration certificates, not to exceed $10 for each such registration, renewal, or copy; and "(5) to make and promulgate such rules and regulations as, in the judgment of the Secretary of Agriculture, are reasonably necessary to effectuate any of the provisions or to accomplish any of the purposes of this Act; and "(6) to communicate to the proper committee or officer of any contract market and to publish, notwithstanding the provisions of section 8 of this Act, the full facts concerning any transaction or market operation, including the names of parties thereto, which in the judgment of the Secrtary of Agriculture disrupts or tends to disrupt any market or is otherwise harmful or against the best interests of producers and consumers. SEO. 11. Section 9 of the Grain Futures Act (U. S. C., 1934 ed., title 7, sec. 13) is amended by: (a) striking out the word "section" and the numeral "4" and inserting ir lieu thereof the following: "section 4, section 4a, section 4b, section 4c, section 4d, section 4e, section 4h, or section 4i"; (b) inserting after the comma following the word "Act" the following: "or who shall manipulate or attempt to manipulate the price of any commodity in interstate commerce, or for future delivery on or subject to the rules of any board of trade, or who shall corner or attempt to corner any such commodity,"; (c) striking out the words "said section" after the words "mentioned in" and inserting in lieu thereof the words "section 4 of this Act"; and (d) inserting after the word "deliver" the words "or cause to be delivered". SEC. 12. If any provision of this Act which is amendatory of any section of the Grain Futures Act, or the application thereof to any person or circumstances is held invalid, the provisions of the section of the Grain Futures Act which is amended by such provision of this Act shall apply to such person or circumstances. No proceeding shall be abated by reason of any amendment to the Grain Futures Act made by this Act but shall be disposed of pursuant to this Act. SEC. 13. All provisions of this Act authorizing the registration of futures commission merchants and floor brokers, the fixing of fees and charges therefor, the promulgation of rules, regulations, and orders, and the holding of hearings precedent to the promulgation of rules, regulations, and orders shall be effective immediately. All other provisions of this Act shall take effect ninety days after the enactment of this Act. Approved, June 15, 1936. 1 So in original. SUBJECTS 1. PACKERS AND STOCKYARDS ACT AND AMENDMENTS. 2. FILLED MILK ACT. 3. DAIRY BUREAU TO ESTABLISH. 4. REGULATE IMPORTATION OF MILK AND CREAM. 5. TAYLOR GRAZING ACT. 6. MILK INVESTIGATION. 7. AGRICULTURAL INCOME INQUIRY. 8. FARM MACHINERY INVESTIGATION. Page 4. Public, No. 156, approved May 29, 1924. Dairy Bureau, to establish_ 202 203 6. Public, No. 482, approved June 28, 1934. Taylor Act to regulate graz- 8. Public, No. 350, approved August 27, 1935. Filled Milk Act to amend authorizing annual appropriation of $10,000– – 9. House Concurrent Resolution 32, agreed to June 15, 1934. Investiga- tion by Federal Trade Commission of sale and distribution of milk.. 10. Public, No. 827, approved June 26, 1936. Taylor Grazing Act, to 11. Public, No. 75, approved May 27, 1935. Remit duty on cattle grazed 12. Public Resolution No. 113, approved June 20, 1936. Sixth World Poultry Congress, authorize participation in by United States-- 13. Public Resolution No. 61, approved August 27, 1935. Agricultural 206 7. Public, No. 272, approved August 14, 1935. Packers and Stockyards 195 [H. R. 6320.] An Act To regulate interstate and foreign commerce in live stock, live-stock products, dairy products, poultry, poultry products, and eggs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Staes of America in Congress assembled, TITLE I.-DEFINITIONS. This Act may be cited as the "Packers and Stockyards Act, 1921." SEC. 2. (a) When used in this Act (1) The term "person" includes individuals, partnerships, corporations, and associations; (2) The term "Secretary" means the Secretary of Agriculture; (3) The term "meat food products" means all products and byproducts of the slaughtering and meat-packing industry-if edible; (4) The term "live stock" means cattle, sheep, swine, horses, mules, or goats-whether live or dead; (5) The term "live-stock products" means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from live stock; and (6) The term commerce" means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. (b) For the purpose of this Act (but not in any wise limiting the foregoing definition) a transaction in respect to any article shall be considered to be in commerce if such article is part of that current of commerce usual in the live-stock and meat-packing industries, whereby live stock, meats, meat food products, live-stock products, dairy products, poultry, poultry products, or eggs, are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State, or for slaughter of live stock within the State and the shipment outside the State of the products resulting from such slaughter. Articles normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this Act. For the purpose of this paragraph the word "State" includes Territory, the District of Columbia, possession of the United States, and foreign nation. |