§ 227. — Powers of Federal Trade Commission and Secretary of Agriculture.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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.
