§853 — Title 7 Agriculture | U.S. Code

Summary

Marketing agreements made under section 852 must include one or more terms that the Secretary, after the hearing under section 852, finds will help carry out the policy in section 851. One option is to include the items listed in subsection (7) of section 608c. Agreements can also require each manufacturer to keep a reserve of finished serum equal to at least 40% of that maker’s total serum sales from the prior year. That reserve must be in the maker’s possession on April 1 each year. A manufacturer may apply in writing before September 1 of the prior year for a different date between January 1 and May 1. The Secretary can set conditions when approving such an application. Serum counted for one manufacturer’s reserve cannot be counted again for another’s.

Title 7, §853

Agriculture — Source: USLM XML via OLRC

Marketing agreements entered into pursuant to section 852 of this title shall contain such one or more of the following terms and conditions and no others as the Secretary finds, upon the basis of the hearing provided for in section 852 of this title, will tend to effectuate the policy declared in section 851 of this title:

(a)One or more of the terms and conditions specified in subsection (7) of section 608c of this title.

(b)Terms and conditions requiring each manufacturer to have in inventory in his own possession on April 1 of each year a reserve supply of completed serum equivalent to not less than 40 per centum of his previous year’s sales of all serum, except that any marketing agreement may provide that upon written application by a manufacturer filed before September 1 of the preceding year, the Secretary may fix another date between January 1 and May 1 on which such manufacturer shall have such inventory if the Secretary finds that such actions will tend to effectuate the purposes of section 851 of this title. The Secretary may impose such terms and conditions upon granting any such application as he finds necessary to effectuate the purposes of section 851 of this title. Serum used in computing the required reserve supply of any manufacturer shall not again be used in computing the required reserve supply of any other manufacturer.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 851 of this title, referred to in clause (b), was in the original “this Act”, meaning act Aug. 24, 1935. For complete classification of act Aug. 24, 1935, to the Code, see Tables.

Amendments

1958—Cl. (b). Pub. L. 85–574 substituted “in inventory in his own possession on April 1” for “available on May 1”, inserted exception provision for changing minimum inventory date under certain terms and conditions, and inserted prohibition against reusing serum in computation of required reserve supply for different manufacturers.

§853 Terms and conditions of marketing agreements