
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC198b]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
                    SUBCHAPTER II--PACKERS GENERALLY
 
                Part B--Swine Packer Marketing Contracts
 
Sec. 198b. Report on the Secretary's jurisdiction, power, 
        duties, and authorities
        

(a) Definition of packer

    In this section, the term ``packer'' has the meaning given the term 
in section 191 of this title.

(b) Report

    Not later than 90 days after October 22, 1999, the Comptroller 
General of the United States shall provide to the Committee on 
Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report describing 
the jurisdiction, powers, duties, and authorities of the Secretary that 
relate to packers and other persons involved in procuring, slaughtering, 
or processing swine, pork, or pork products that are covered by this Act 
and other laws, including--
        (1) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), 
    especially sections 6, 8, 9, and 10 of that Act (15 U.S.C. 46, 48, 
    49, and 50); and
        (2) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
    seq.).

(c) Contents

    The Comptroller General shall include in the report an analysis of--
        (1) burdens on and obstructions to commerce in swine, pork, and 
    pork products by packers, and other persons that enter into 
    arrangements with the packers, that are contrary to, or do not 
    protect, the public interest;
        (2) noncompetitive pricing arrangements between or among 
    packers, or other persons involved in the processing, distribution, 
    or sale of pork and pork products, including arrangements provided 
    for in contracts for the purchase of swine;
        (3) the effective monitoring of contracts entered into between 
    packers and swine producers;
        (4) investigations that relate to, and affect, the disclosure 
    of--
            (A) transactions involved in the business conduct and 
        practices of packers; and
            (B) the pricing of swine paid to producers by packers and 
        the pricing of products in the pork and pork product 
        merchandising chain;

        (5) the adequacy of the authority of the Secretary to prevent a 
    packer from unjustly or arbitrarily refusing to offer a producer, or 
    disqualifying a producer from eligibility for, a particular contract 
    or type of contract for the purchase of swine; and
        (6) the ability of the Secretary to cooperate with and enhance 
    the enforcement of actions initiated by other Federal departments 
    and agencies, or Federal independent agencies, to protect trade and 
    commerce in the pork and pork product industries against unlawful 
    restraints and monopolies.

(Aug. 15, 1921, ch. 64, title II, Sec. 223, as added Pub. L. 106-78, 
title IX, Sec. 934(2), Oct. 22, 1999, 113 Stat. 1209.)

                         Termination of Section

        For termination of section by section 942 of Pub. L. 106-78, see 
    Livestock Mandatory Reporting note set out under section 1635 of 
    this title.

                       References in Text

    The Federal Trade Commission Act, referred to in subsec. (b)(1), is 
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is 
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of 
Title 15, Commerce and Trade. For complete classification of this Act to 
the Code, see section 58 of Title 15 and Tables.
    The Agricultural Marketing Act of 1946, referred to in subsec. 
(b)(2), is title II of act Aug. 14, 1946, ch. 966, 60 Stat. 1087, as 
amended, which is classified generally to chapter 38 (Sec. 1621 et seq.) 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 1621 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 198 of this title.
