Page:United States Statutes at Large Volume 101 Part 1.djvu/949

 PUBLIC LAW 100-173—NOV. 23, 1987

101 STAT. 919

SEC. 7. POWERS OF FEDERAL TRADE COMMISSION AND SECRETARY OF AGRICULTURE.

Section 406 of the Packers and Stockyards Act, 1921 (7 U.S.C. 227), is amended— (1) in subsection (h)— (A) in the first sentence of paragraph (2)— , (i) by striking "or poultry products"; and -' (ii) by inserting "or" before "livestock products in unmanufactured form."; and (B) by amending paragraph (3) to read as follows: "(3) Over all transactions in commerce in margarine, oleo- Margarine. margarine, or poultry products and over retail sales of meat, meat Meat. food products and livestock products in unmanufactured form."; (2) by amending subsection (d) to read as follows: "(d) 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 Act, 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."; (3) by redesignating subsection (e) as subsection (f); (4) by inserting after subsection (d) the following: "(e) The Secretary of Agriculture shall exercise jurisdiction over poultry products only in a proceeding brought under section 207 or section 410 when such action is necessary to avoid impairment of his jurisdiction."; and (5) in subsection (f), as so redesignated, by striking "and (d)" and inserting ", (d), and (e)". SEC. 8. AUTHORITY OF SECRETARY TO REQUEST INJUNCTIVE RELIEF.

Section 408 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228a), is amended by inserting after "unmanufactured form," the following: "or live poultry, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement,". SEC. 9 PROMPT PAYMENT FOR PURCHASE OF POULTRY. . The Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), is amended— (1) by redesignating sections 410 and 411 as sections 414 and 7 USC 228c, 229. 415, respectively; and (2) by inserting after section 409 the following:

�