§198b — Title 7 Agriculture | U.S. Code

Summary

Requires the Comptroller General of the United States to give a report, not later than 90 days after October 22, 1999, to the House and Senate Agriculture Committees. The report must describe the Secretary’s authority, powers, and duties over packers and others who buy, slaughter, or process swine, pork, or pork products under this Act and under related laws, including the Federal Trade Commission Act (15 U.S.C. 41 et seq.), especially sections 6, 8, 9, and 10 (15 U.S.C. 46, 48, 49, and 50), and the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.). The term “packer” means the meaning given in section 191. The report must analyze things such as: burdens or blocks to trade in swine and pork by packers or their partners; noncompetitive pricing or contract arrangements; how well contracts between packers and swine producers are monitored; investigations and disclosure of packer business transactions and pricing paid to producers and in the pork product chain; whether the Secretary has enough authority to stop a packer from unfairly refusing or disqualifying a producer from a contract; and the Secretary’s ability to work with other federal agencies to enforce laws against unlawful restraints and monopolies.

Title 7, §198b

Agriculture — Source: USLM XML via OLRC

(a)In this section, the term “packer” has the meaning given the term in section 191 of this title.

(b)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 section 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)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.

Notes & Related Subsidiaries

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

Editorial Notes

References in Text

The Federal Trade Commission Act, referred to in subsec. (b)(1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 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, which is classified generally to chapter 38 (§ 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.

Statutory Notes and Related Subsidiaries

Termination Date Section to terminate Mar. 14, 2025, see section 942 of Pub. L. 106–78, set out in a Livestock Mandatory Reporting note under section 1635 of this title.

§198b Report on the Secretary’s Jurisdiction, Power, Duties, and Authorities