-CITE-
    7 USC CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS
           PRODUCERS                                       01/03/2007
-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS
-HEAD-
       CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS
-MISC1-
    Sec.
    291.        Authorization of associations; powers.
    292.        Monopolizing or restraining trade and unduly enhancing
                 prices prohibited; remedy and procedure.
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    7 USC Sec. 291                                              01/03/2007
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    TITLE 7 - AGRICULTURE
    CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS
-HEAD-
    Sec. 291. Authorization of associations; powers
-STATUTE-
      Persons engaged in the production of agricultural products as
    farmers, planters, ranchmen, dairymen, nut or fruit growers may act
    together in associations, corporate or otherwise, with or without
    capital stock, in collectively processing, preparing for market,
    handling, and marketing in interstate and foreign commerce, such
    products of persons so engaged. Such associations may have
    marketing agencies in common; and such associations and their
    members may make the necessary contracts and agreements to effect
    such purposes: Provided, however, That such associations are
    operated for the mutual benefit of the members thereof, as such
    producers, and conform to one or both of the following
    requirements:
      First. That no member of the association is allowed more than one
    vote because of the amount of stock or membership capital he may
    own therein, or,
      Second. That the association does not pay dividends on stock or
    membership capital in excess of 8 per centum per annum.
      And in any case to the following:
      Third. That the association shall not deal in the products of
    nonmembers to an amount greater in value than such as are handled
    by it for members.
-SOURCE-
    (Feb. 18, 1922, ch. 57, Sec. 1, 42 Stat. 388.)
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-CITE-
    7 USC Sec. 292                                              01/03/2007
-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 12 - ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS
-HEAD-
    Sec. 292. Monopolizing or restraining trade and unduly enhancing
      prices prohibited; remedy and procedure
-STATUTE-
      If the Secretary of Agriculture shall have reason to believe that
    any such association monopolizes or restrains trade in interstate
    or foreign commerce to such an extent that the price of any
    agricultural product is unduly enhanced by reason thereof, he shall
    serve upon such association a complaint stating his charge in that
    respect, to which complaint shall be attached, or contained
    therein, a notice of hearing, specifying a day and place not less
    than thirty days after the service thereof, requiring the
    association to show cause why an order should not be made directing
    it to cease and desist from monopolization or restraint of trade.
    An association so complained of may at the time and place so fixed
    show cause why such order should not be entered. The evidence given
    on such a hearing shall be taken under such rules and regulations
    as the Secretary of Agriculture may prescribe, reduced to writing,
    and made a part of the record therein. If upon such hearing the
    Secretary of Agriculture shall be of the opinion that such
    association monopolizes or restrains trade in interstate or foreign
    commerce to such an extent that the price of any agricultural
    product is unduly enhanced thereby, he shall issue and cause to be
    served upon the association an order reciting the facts found by
    him, directing such association to cease and desist from
    monopolization or restraint of trade. On the request of such
    association or if such association fails or neglects for thirty
    days to obey such order, the Secretary of Agriculture shall file in
    the district court in the judicial district in which such
    association has its principal place of business a certified copy of
    the order and of all the records in the proceeding, together with a
    petition asking that the order be enforced, and shall give notice
    to the Attorney General and to said association of such filing.
    Such district court shall thereupon have jurisdiction to enter a
    decree affirming, modifying, or setting aside said order, or enter
    such other decree as the court may deem equitable, and may make
    rules as to pleadings and proceedings to be had in considering such
    order. The place of trial may, for cause or by consent of parties,
    be changed as in other causes.
      The facts found by the Secretary of Agriculture and recited or
    set forth in said order shall be prima facie evidence of such
    facts, but either party may adduce additional evidence. The
    Department of Justice shall have charge of the enforcement of such
    order. After the order is so filed in such district court and while
    pending for review therein the court may issue a temporary writ of
    injunction forbidding such association from violating such order or
    any part thereof. The court may, upon conclusion of its hearing,
    enforce its decree by a permanent injunction or other appropriate
    remedy. Service of such complaint and of all notices may be made
    upon such association by service upon any officer or agent thereof
    engaged in carrying on its business, or on any attorney authorized
    to appear in such proceedings for such association, and such
    service shall be binding upon such association, the officers, and
    members thereof.
-SOURCE-
    (Feb. 18, 1922, ch. 57, Sec. 2, 42 Stat. 388.)
-MISC1-
      RESTRICTION ON USE OF FUNDS RESPECTING STUDY, INVESTIGATION, OR
          PROSECUTION OF ANY AGRICULTURAL COOPERATIVE OR STUDY OR
            INVESTIGATION OF ANY AGRICULTURAL MARKETING ORDERS
      For provisions restricting the use of funds authorized to be
    appropriated to carry out section 41 et seq. of Title 15, Commerce
    and Trade, for fiscal year 1980, 1981, or 1982, for the purpose of
    conducting any study, investigation, or prosecution of any
    provisions of this chapter, see section 20 of Pub. L. 96-252, set
    out as a note under section 57c of Title 15.
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