Page:United States Statutes at Large Volume 88 Part 1.djvu/1222

 1178

PUBLIC LAW 93-428-OCT. 1, 1974

[SB STAT.

States and may be recovered in a civil suit brought by the United States: Provided, That (a) and (b) of this section shall be in addition to, and not exclusive of, the remedies provided now or hereafter existing at law or in equity. CERTIFICATION OF ORGANIZATIONS

7 USC 2715.

•'^P"'"'-

SEC. 16. The eligibility of any organization to represent commercial egg producers of any egg producing area of the United States to request the issuance of an order under section 5, and to participate in the making of nominations under section 8(b) shall be certified by the Secretary. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following: (a) Geographic territory covered by the organization's active membership, (b) Nature and size of the organization's active membership, proportion of total of such active membership accounted for by producers of commercial eggs, a chart showing the egg production by State in which the organization has members, and the volume of commercial eggs produced by the organization's active membership in each such State, (c) The extent to which the commercial ^^g producer membership of such organization is represented in setting the organization's policies, (d) Evidence of stability and permanency of the organization, (e) Sources from which the organization's operating funds are derived, (f) Functions of the organization, and (g) The organization's ability and willingness to further the aims and objectives of this Act: Provided, however, That the primary consideration in determining the eligibility of an organization shall be whether its commercial egg producer membership consists of a substantial number of ^gg producers who produce a substantial volume of commercial eggs. The Secretary shall certify any organization which he finds to be eligible under this section and his determination as to eligibility shall be final. Where more than one organization is certified in any geographic area, such organizations may caucus to determine the area's nominations under section 8(b). REGULATIONS

7 USC 2716.

SEC. 17. The Secretary is authorized to make regulations with force and effect of law, as may be necessary to carry out the provisions of this Act and the powers vested in him by this Act. INVESTIGATIONS;

P O W E R TO S U B P E N A

AFFIRMATIONS;

7 USC 2717.

A N D TAKE OATHS AND

AID O F COURTS

SEC. 18. The Secretary may make such investigations as he deems necessary for the effective carrying out of his responsibilities under this Act or to determine whether an ^gg producer, processor, or other seller of commercial eggs or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this Act, or of any order, or rule or regulation issued under this Act. For the purpose of such investigation.

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