Page:United States Statutes at Large Volume 49 Part 1.djvu/803

 758 74TH CONGR ESS. SESS. I. CH. 641. AUGUST 24, 1935. Orders with or with- " ORDERS WITH OR WITHOUT MARKEtiNG AGREEMENT out marketing agree- ment. Effectiveness of order " (9) Any order issued pursuant to this section shall become effec- on refusal of majority of handlers to sign agree- Live in the eve nt that, notwit hstandi ng the r efusal or failure of went. handlers (excluding cooperative associations of producers who are not en gaged i n proces sing, d istribut ing, or shippin g the c ommodit y or product thereof covered by such order) of more than 50 per centum of the volume of the commodity or product thereof (except that as to citrus fruits produced in any area producing what is known as Cali fornia c itrus f ruits sa id per centum s hall be 80 per centum) covered by such order which is produced or marketed within the production or marketing area defined in such order to sign a market ing agr eement r elating to such commod ity or p roduct thereof , on which a hearing has been held, the Secretary of Agriculture, with the approval of the President, determines If refusal tends to " (A) That the refusal or failure to sign a marketing agreement prevent effectuation of dec lared poli cy . (upon which a hearing has been held) by the handlers (excluding cooperative associations of producers who are not engaged in proc- essi ng, dis tributin g, or s hipping the com modity o r produ ct there of covered by such order) of more than 50 per centum of the volume of the commodity or product thereof (except that as to citrus fruits produced in any area producing what is known as California citrus fruits said per centum shall be 80 per centum) spec ifie d the rein which is produced or marketed within the production or marketing area specifi ed therein tends to preven t the effectuation of the declared policy of this title with respect to such commodity or product, and If issuance advances "(B) That the issuance of such order is the only practical means producers' interests. of advancing the interests of the producers of such commodity pursuant to the declared policy, and is approved or favored Approval of produc- "(i) By at least two-thirds of the producers (except that as to citrus ers required . frui ts prod uced in any are a produc ing wha t is kno wn as C aliforni a citrus fruits said order must be approved or favored by three-fourths of the producers) who, during a representative period determined by the Secretary, have been engaged, within the production area spec ified i n such m arketin g agreem ent or order, i n the p roductio n for market of the commodity specified therein, or who, during such representative period, have been engaged in the production of such commodity for sale in the marketing area specified in such marketing agreement, or order, or " (ii) By producers who, during such representative period, have produced for market at least two-thirds of the volume of 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. Manner of regulation " MANNER OF REGULATION AND APPLICABILITY and a ppli cabil ity . "(10) No order sha ll be issued under this s ection unless it regulate s the handling of the commodity or product covered thereby in the same manner as, and is made applicable only to persons in the respec- tive classes of industrial or commercial activity specified in, a Advertising of com- marketing agreement upon which a hearing has been held. No moditles. order shall be issued under this title prohibiting, regulating, or restricting the advertising of any commodity or product covered thereby, nor shall any marketing agreement contain any provision prohibiting, regulating, or restricting the advertising of any com- modity or product covered b y such marketing agree ment.