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FEDERAL
VOLUME I

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REGISTER

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1934 >r>

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NUMBER 187

Washington, Thursday, December 3, 203
2 That the regulation of the marketing of anti-hogcholera serum and hog-cholera virus by the marketing agree ment and order will tend to insure the maintenance of an adequate supply of anti-hog-cholera serum and hog-cholera Order R egulating the H andling of An t i -H og-C holera virus and to prevent undue and excessive fluctuations and S erum and H og-C holera V irus unfair methods of competition and unfair trade practices Whereas, Section 57, 49 Stat. 750, approved August 24, 1935 in such marketing;
hereinafter called the Act, provides as follows:
3 That the control agency is a proper agency to admin In order to effectuate the policy declared in section 56 of this Act the Secretary of Agriculture shall have the power, after ister the marketing agreement and order and th at the due notice and opportunity for hearing, to enter into marketing powers granted to and duties specified for such control agreements with manufacturers and others engaged in the han agency are necessary for the administration of the market dling of anti-hog-cholera serum and hog-cholera virus only with respect to such handling as is in the current of interstate or ing agreement and order and conform to the provisions of foreign commerce or which directly burdens, obstructs, or affects paragraph C of subsection 7 of Section 8c of the Agri interstate or foreign commerce in such serum and virug. Such cultural Adjustment Act, as amended;
persons are hereafter in this Act referred to as handlers. The 4 That the expenses which will necessarilly be incurred making of any such agreement shall not be held to bei in viola tion of any of the antitrust laws of the United States, and any by the control agency dining the remainder of the calen dar year of 1936 for the maintenance and functioning of such agreement shall be deemed to be lawful.
said agency will be approximately Twelve Hundred Fifty and $1,250 Dollars; th at such expenses are fair and reasonable;
Whereas, Section 59 of the Act provides as follows:
th at the pro rata share thereof of each manufacturing Whenever all the handlers of not less than 75 per centum of the volume of anti-hog-cholera serum, and hog-cholera virus which is handler in the amount of Two Dollars & Fifty Cents $2.50
handled in the current of interstate or foreign commerce, or so for each million cubic centimeters determined by the near as directly to burden, obstruct, or affect interstate or foreign com est whole number of hyperimmune blood collected by such merce, have signed a marketing agreement entered into with the handlers during the preceding calendar year is fair and Secretary of Agriculture pursuant to section 57 of this Act, the Secretary of Agriculture shall issue an order which s h a ll regulate reasonable and is approved; and th at the pro rata share only such Handling in the same manner as, and contain only thereof of each distributor-handler of the total amount of such terms and conditions as are contained in such marketing One Hundred $100 Dollars expended in defraying the ex agreement, and shall from time to time amend such order in con formance with amendments to such marketing agreement. Such penses of the two members of the control agency repre order shall terminate upon termination of such marketing agree senting such handlers approximately Eighty-four 840
ment as provided in such marketing agreement.
Cents for each million cubic centimeters determined by the nearest whole number and based upon each handlers per and Whereas, the Secretary of Agriculture, having reason to centage of the total of serum marketed by such handlers believe th at a marketing agreement and an order with re during the preceding calendar year, is fair and reasonable spect to the handling of anti-hog-cholera serum and hogand is approved;
5 That the reports required of handlers by the market cholera virus would tend to effectuate the declared policy of Congress, contained in section 56 of the Act, to insure the ing agreement and order are reasonably necessary for the maintenance of an adequate supply of anti-hog-cholera proper administration of the marketing agreement and serum and hog-cholera virus by regulating the marketing of order; and Whereas, the Secretary of Agriculture finds th at the m ar such serum and virus in interstate and foreign commerce and to prevent undue and excessive fluctuations and unfair keting agreement regulating the handling of anti-hog-cholera methods of competition and unfair trade practices in such serum and hog-cholera virus, executed by him on the 2nd marketing, did, pursuant to the provisions of the Act, on day of December 1936, entered into pursuant to section December 28, 1935, give notice of a public hearing and did 57 of the Act, has been signed by all the handlers of not less cause a public hearing to be held at Omaha, Nebraska, Jan than 75 per centum of the volume of anti-hog-cholera serum uary 13 and 14, 1936, at which time and place all interested and hog-cholera virus which was handled in the current of parties were accorded an opportunity to be heard on a pro interstate or foreign commerce, or so as directly to burden, posed marketing agreement and a proposed order regulat obstruct, or affect interstate or foreign commerce during ing the handling of anti-hog-cholera serum and hog-cholera the calendar year 1935, which the Secretary determines to virus; and be a representative period;
Whereas, the Secretary of Agriculture finds upon evidence Now, therefore, the Secretary of Agriculture, pursuant to introduced at the said hearing and the record thereof:
the authority vested in him by the Act, hereby orders th at 1
That not less than 75 per centum of the anti-hog-such handling of anti-hog-cholera serum and hog-cholera cholera serum and hog-cholera virus produced in the United virus as is in the current of interstate or foreign commerce, States enters into the current of interstate and foreign or which directly burdens, obstructs, or affects interstate or commerce;
foreign commerce in such serum and virus, shall from the 2391
DEPARTMENT OF AGRICULTURE.
Bureau of Animal Industry.