
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC227]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
Sec. 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 involving meat, meat food products, livestock products in 
unmanufactured form, or poultry products, 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 determines 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 retail sales) involving such 
    commodities if the Secretary within ten days from the date of 
    receipt of the notice notifies the Commission that there is pending 
    in his Department an investigation of, or proceeding for the 
    prevention of, an alleged violation of this chapter involving the 
    same subject matter.
        (3) Over all transactions in commerce in margarine, 
    oleomargarine, or poultry products and over retail sales of meat, 
    meat food products and livestock products in unmanufactured form.

(c) Limitation of Federal Trade Commission jurisdiction

    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 subsection (b) of 
this section.

(d) Jurisdiction of Secretary of Agriculture except for poultry products

    The Secretary of Agriculture shall exercise power or jurisdiction 
over oleomargarine or retail sales of meat, meat food products, or 
livestock 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 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, or livestock products in unmanufactured 
form if the Commission within 10 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.

(e) Jurisdiction of Secretary of Agriculture regarding poultry products

    The Secretary of Agriculture shall exercise jurisdiction over 
poultry products only in a proceeding brought under section 197 of this 
title or section 228b-1 of this title when such action is necessary to 
avoid impairment of his jurisdiction.

(f) Information to be included in annual reports

    The Secretary of Agriculture and the Federal Trade Commission shall 
include in their respective annual reports information with respect to 
the administration of subsections (b), (d), and (e) of this section.

(Aug. 15, 1921, ch. 64, title IV, Sec. 406, 42 Stat. 169; Pub. L. 85-
909, Sec. 1(2), Sept. 2, 1958, 72 Stat. 1749; Pub. L. 100-173, Sec. 7, 
Nov. 23, 1987, 101 Stat. 919; Pub. L. 102-237, title X, Sec. 1008(2), 
Dec. 13, 1991, 105 Stat. 1898.)

                          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, Sec. 7(1)(A)(ii), which 
directed insertion of ``or'' before ``livestock products in 
unmanufactured form.'' was executed by making insertion before 
``livestock products in unmanufactured form,'' as the probable intent of 
Congress.
    Pub. L. 100-173, Sec. 7(1)(A)(i), struck out ``or poultry products'' 
after ``in unmanufactured form,''.
    Subsec. (b)(3). Pub. L. 100-173, Sec. 7(1)(B), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``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, Sec. 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, Sec. 7(3), (4), added subsec. (e) and 
redesignated former subsec. (e) as (f).
    Subsec. (f). Pub. L. 100-173, Sec. 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 Commission shall have no power 
or jurisdiction over matters within jurisdiction of Secretary of 
Agriculture except when Secretary requests Commission to make 
investigations and reports in any case, which were incorporated in 
subsecs. (b)(1) and (c).


                    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.

                          Transfer of Functions

    Executive and administrative functions of Federal Trade Commission, 
with certain reservations, transferred to Chairman of such Commission by 
1950 Reorg. Plan No. 8, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 
Stat. 1264, set out in the Appendix to Title 5, Government Organization 
and Employees.


                     Construction of 1987 Amendments

    Section 11 of Pub. L. 100-173 provided 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 jurisdiction 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 affecting 
    commerce,
involving poultry products.
    ``(b) Secretary's Authority.--Subsection (a) shall not be construed 
to limit or otherwise affect the authority of the Secretary of 
Agriculture under section 406(e), as amended, of the Packers and 
Stockyards Act, 1921 [7 U.S.C. 227(e)].''

                  Section Referred to in Other Sections

    This section is referred to in title 15 sections 45, 1607, 1681s, 
1691c, 1692l, 6505.
