1 

Act of February 18, 1922 

[Commonly known as the Capper-Volstead Act] 

[Chapter 57 of the 67th Congress; 42 Stat. 388] 

[This law has not been amended] 

øCurrency: This publication is a compilation of the text of Chapter 57 of the 67th 

Congress. It was last amended by the public law listed in the As Amended 

Through note above and below at the bottom of each page of the pdf version and 

reflects current law through the date of the enactment of the public law listed at 

https://www.govinfo.gov/app/collection/comps/¿ 

øNote: While this publication does not represent an official version of any Federal 

statute, substantial efforts have been made to ensure the accuracy of its contents. 

The official version of Federal law is found in the United States Statutes at Large 

and in the United States Code. The legal effect to be given to the Statutes at 

Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿ 

An Act to authorize association of producers of agricultural products. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That 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. 

ø7 U.S.C. 291¿ 

SEC. 2. That 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 


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This law has not been amended
Sec. 2 Act of February 18, 1922 2 

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 proceeding for such association, and such service 

shall be binding upon such association, the officers, and members 

thereof. 

ø7 U.S.C. 292¿ 


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This law has not been amended