§ 853. — Terms and conditions of marketing agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC853]
TITLE 7--AGRICULTURE
CHAPTER 30--ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS
Sec. 853. Terms and conditions of marketing agreements
Marketing agreements entered into pursuant to section 852 of this
title shall contain such one or more of the following terms and
conditions and no others as the Secretary finds, upon the basis of the
hearing provided for in section 852 of this title, will tend to
effectuate the policy declared in section 851 of this title:
(a) One or more of the terms and conditions specified in subsection
(7) of section 608c of this title.
(b) Terms and conditions requiring each manufacturer to have in
inventory in his own possession on April 1 of each year a reserve supply
of completed serum equivalent to not less than 40 per centum of his
previous year's sales of all serum, except that any marketing agreement
may provide that upon written application by a manufacturer filed before
September 1 of the preceding year, the Secretary may fix another date
between January 1 and May 1 on which such manufacturer shall have such
inventory if the Secretary finds that such actions will tend to
effectuate the purposes of section 851 of this title. The Secretary may
impose such terms and conditions upon granting any such application as
he finds necessary to effectuate the purposes of section 851 of this
title. Serum used in computing the required reserve supply of any
manufacturer shall not again be used in computing the required reserve
supply of any other manufacturer.
(Aug. 24, 1935, ch. 641, Sec. 58, 49 Stat. 781; Pub. L. 85-574, July 31,
1958, 72 Stat. 454.)
References in Text
Section 851 of this title, referred to in clause (b), was in the
original ``this Act'', meaning act Aug. 24, 1935. For complete
classification of act Aug. 24, 1935, to the Code, see Tables.
Amendments
1958--Cl. (b). Pub. L. 85-574 substituted ``in inventory in his own
possession on April 1'' for ``available on May 1'', inserted exception
provision for changing minimum inventory date under certain terms and
conditions, and inserted prohibition against reusing serum in
computation of required reserve supply for different manufacturers.
