Page:United States Statutes at Large Volume 49 Part 1.djvu/802

 74T H CONGRESS. SESS. I. CH. 641. AUGUST 24, 1935 . 757 any grade, size, or quality thereo f shall be sold b y the handlers thereof only at prices filed by such handlers in the manner provided in such order. "(C) Providing for the selection by the Secretary of Agriculture Administrative agen- cies ; selection ; powers or a method for the selection, of an agency or agencies and defining and duties . their powers and duties, which shall include only the powers "(i) To administer such order in accordance with its terms and provisions ; "(ii) To make rules and regulations to effectuate the terms and provisions of such order ; "(iii) To receive, investi gate, and report to the Secretary of Agriculture complaints of violations of such order ; and "(iv) To rec ommend to the Secre tary of Ag riculture amend- ments to such order . No person acting as a member of an agency established pursuant to this paragraph (C) shall be deemed to be acting in an official capac- ity, within the meaning of section 10 (g) of this title, unless such person receives c ompensation for h is personal servi ces from funds of the United States . " (D) Incidental to, and not inconsistent with, the terms and con- Specified terms and ditions specified in subsections (5), (6), and (7) and necessary to con dit ions. nt75I effectuate the other provisions of such order. "O RDE RS WITH MARKETING AGREEMENT Orders with market- ing agreement . " (8) Except as provided in subsection (9) of this section, no order eiWben . orders to be issued pursuant to this section shall become effective until the han- Requirement of mar- dlers (excluding cooperative assoc iations of produc ers who are not keting agreement . engag ed i n pr ocess ing, dis trib uting, or shi pping the com modi ty or product thereof covered by such order) of not less than 50 per centum of the volume of the commodity or product thereof covered by such order which is produced or marketed within the production or marketing area defined in such order have signed a marketing agreement, entered into pursuant to section 8b of this title, which regulates the handling of su ch commodity or product in the same manner as such order, except that as to citrus fruits produced in any citrus fruits. area producing what i s known as Califo rnia citrus fruit s no order issued pursuant to this subsection (8) shall become effective until the handlers of not less than 80 per centum of the volume of such commodity or product thereof covered by such order have signed such a marketing agreement : Provided, That no order issued pursuant to i Pteq ' niiement of ap- this s ubsec tion shall be ef fecti ve unl ess t he Se creta ry of Agric ultur e proval by producers. determines that the issuance of such order is approved or favored "(A) By at least two-thirds of the producers who (except that as to citrus fruits produced in any area producing what is known as California. citrus fruits said order must be approved or favored by th ree-f ourth s of t he pr oduce rs), d uring a re prese ntativ e per iod d eter- mined by the Secretary, have been engaged, within the production area specified in such marketing agreement or order, in the produc- tion for market of th e commodity speci fied therein, or who, during such representative p eriod, have been engaged in the pr oduction of such commodity for sale in the marketing area specified in su ch mark eting agreement, or order, or "(B) By producers who, during such representative period, have prod uced for market a t least two-third s of the volume o f such com- modity produced for market within the production area specified in such marketing agreement or order, or who, during such repre- sentative period, have produced at least two-thirds of the volume of such commodity sold within the marketing area specified in such marketing agreement or order.