§ 41.20 Dimension tolerances for Climax baskets; act of 1916. The tolerances or variations in dimensions of Climax baskets for grapes and other fruits and vegetables and for mushrooms shown in Table 3 are found to be reasonable and necessary and are hereby allowed, subject, however, to the tolerances in capacity allowed in § 41.17 of these regulations.

§ 41.21 Application of dimension tolerances for Climax baskets. The excess or deficiency in any dimension specified below in the column designated "Basket dimensions" over or under the measurement prescribed for such dimensions in section 1 of the act of 1916 may be as much as, but not more than, the amount specified opposite such dimension in the column designated "Excess" or "Deficiency," as the case may be.

§ 41.22 Table 3: Schedule of dimension tolerances for Climax baskets.

(a) Engage in or use any unfair, unj criminatory, or deceptive practice or devic merce; [1921; last amended 1935.]

Sec. 201. Definitions: Stockyard services; market When used in this chapter [Secs. 181-231 (a) The term "stockyard owner" means son engaged in the business of conducting ing a stockyard;

(b) The term "stockyard services" mean or facilities furnished at a stockyard in co with the receiving, buying, or selling on a sion basis or otherwise, marketing, feedin ing, holding, delivery, shipment, weighing dling, in commerce, of livestock;

(c) The term "market agency" means son engaged in the business of (1) buying in commerce livestock at a stockyard on a sion basis or (2) furnishing stockyard serv

(d) The term "dealer" means any perso market agency, engaged in the business o or selling in commerce livestock at a st either on his own account or as the employee of the vendor or purchaser. [1921] Sec. 202. Same: Stockyard.

(a) When used in sections 201-203, 2 the term "stockyard" means any plac lishment, or facility commonly known as sto conducted or operated for compensation as a public market, consisting of pens, or closures, and their appurtenances, in wh cattle, sheep, swine, horses, mules, or goats ceived, held, or kept for sale or shipment merce. Sections 201-203, 205-217a * apply to a stockyard of which the area n available for handling livestock, exclusive alleys, or passage ways, is less than twenty t square feet.

*

S

(b) The Secretary shall from time to tim tain, after such inquiry as he deems necess stockyards which come within the foregoing tion, and shall give notice thereof to the st owners concerned, and give public notice th posting copies of such notice in the stockyard such other manner as he may determine. A giving of such notice to the stockyard own to the public, the stockyard shall remain su the provisions of sections 201-203, 205–217: until like notice is given by the Secretary th stockyard no longer comes within the fo definition. [1921]

Sec. 205. Services to be furnished; weighing by a State.

It shall be the duty of every stockyard owi market agency to furnish upon reasonable 1 without discrimination, reasonable stockyar ices at such stockyard: Provided, That in ar where the weighing of livestock at a stock

conducted by a duly authorized department or agency of the State, the Secretary, upon application of such department or agency, may register it as a market agency for the weighing of livestock received in such stockyard, and upon such registration such department or agency and the members thereof shall be amenable to all the requirements of this chapter [Secs. 181-231]; and upon failure of such department or agency or the members thereof to comply with the orders of the Secretary under this chapter he is authorized to revoke the registration of such department or agency and to enforce such revocation as provided in section 216 of this title. [1921; last amended 1926.]

Sec. 208. Unjust practices in furnishing services unlawful. It shall be the duty of every stockyard owner and market agency to establish, observe, and enforce just, reasonable, and nondiscriminatory regulations and practices in respect to the furnishing of stockyard services, and every unjust, unreasonable, or discriminatory regulation or practice is prohibited and declared to be unlawful. [1921]

Sec. 209. Penalty for violations.

(a) If any stockyard owner, market agency, or dealer violates any of the provisions of sections 205207, or 208 *** or of any order of the Secretary made under sections 201-203, 205-217a * * *he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation. [1921]

Sec. 210. Proceedings before Secretary for violations.

(a) Any person complaining of anything done or omitted to be done by any stockyard owner, market agency, or dealer (hereinafter in this section referred to as the "defendant") in violation of the provisions of sections 205-207, or 208 **, or of an order of the Secretary made under sections 201-203, 205217a *, may, at any time within ninety days after the cause of action accrues, apply to the Secretary by petition which shall briefly state the facts, whereupon the complaint thus made shall be forwarded by the Secretary to the defendant, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be specified by the Secretary. If the defendant within the time specified makes reparation for the injury alleged to be done he shall be relieved of liability to the complainant only for the particular violation thus complained of. If the defendant does not satisfy the complaint within the time specified, or there appears to be any reasonable ground for investigating the complaint, it shall be the duty of the Secretary to investigate the matters complained of in such manner and by such means as he deems proper.

(b) The Secretary, at the request of the livestock commissioner, board of agriculture, or other agency

of a State or Territory having jurisdiction over stockyards in such State or Territory, shall investigate any complaint forwarded by such agency in like manner and with the same authority and powers as in the case of a complaint made under subdivision (a) of this section.

(c) The Secretary may at any time institute an inquiry on his own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made to or before the Secretary, by any provision of sections 201-203, 205-217a *** concerning which any question may arise under any of the provisions of sections 201-203, 205-217a * * *, or relating to the enforcement of any of the provisions of sections 201-203, 205-217a ***. The Secretary shall have the same power and authority to proceed with any inquiry instituted upon his own motion as though he had been appealed to by petition, including the power to make and enforce any order or orders in the case or relating to the matter or thing concerning which the inquiry is had, except orders for the payment of money. [1921]

Sec. 211. Order of Secretary as to charges and practices.

Whenever after full hearing upon a complaint made as provided in section 210 ***, or after full hearing under an order for investigation and hearing made by the Secretary on his own initiative, either in extension of any pending complaint or without any complaint whatever, the Secretary is of the opinion that any rate, charge, regulation, or practice of a stockyard owner or market agency, for or in connection with the furnishing of stockyard services, is or will be unjust, unreasonable, or discriminatory, the Secretary

(a) May determine and prescribe what will be the just and reasonable rate of charge, or rates or charges, to be thereafter in such case observed as both the maximum and minimum to be charged, and what regulation or practice is or will be just, reasonable, and nondiscriminatory to be thereafter followed; and

(b) May make an order that such owner or operator (1) shall cease and desist from such violation to the extent to which the Secretary finds that it does or will exist; (2) shall not thereafter publish, demand, or collect any rate or charge for the furnishing of stockyard services more or less than the rate or charge so prescribed; and (3) shall conform to and observe the regulation or practice so prescribed. [1921; last amended 1939.]

Sec. 212. Prescribing rates and practices to prevent discrimination between intrastate and interstate commerce. Whenever in any investigation under the provisions of sections 201-203, 205-217a or in any investigation instituted by petition of the stockyard owner or market agency concerned, which petition is hereby authorized to be filed, the Secretary after full hearing finds that any rate, charge, regulation,

U. S. Code, 1946 Ed., Title 7, Ch. 9-"Packers and Stockyards Act"—Continued.

or practice of any stockyard owner or market agency, for or in connection with the buying or selling on a commission basis or otherwise, receiving, marketing, feeding, holding, delivery, shipment, weighing, or handling, not in commerce, of livestock, causes any undue or unreasonable advantage, prejudice, or preference as between persons or localities in intrastate commerce in livestock on the one hand and interstate or foreign commerce in livestock on the other hand, or any undue, unjust, or unreasonable discrimination against interstate or foreign commerce in livestock, which is hereby forbidden, and declared to be unlawful, the Secretary shall prescribe the rate, charge, regulation, or practice thereafter to be observed, in such manner as, in his judgment, will remove such advantage, preference, or discrimination. Such rates, charges, regulations, or practices shall be observed while in effect by the stockyard owners or market agencies parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding. [1921]

Sec. 213. Prevention of unfair, discriminatory, or deceptive practices or devices.

(a) It shall be unlawful for any stockyard owner, market agency, or dealer to engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in connection with the receiving, marketing, buying, or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing or handling, in commerce at a stockyard, of livestock.

(b) Whenever complaint is made to the Secretary by any person, or whenever the Secretary has reason to believe, that any stockyard owner, market agency, or dealer is violating the provisions of subdivision (a) of this section, the Secretary after notice and full hearing may make an order that he shall cease and desist from continuing such violation to the extent that the Secretary finds that it does or will exist. [1921]

Sec. 215. Failure to obey orders; penalty.

(a) Any stockyard owner, market agency, or dealer who knowingly fails to obey any order made under the provisions of sections 211, 212, or 213

shall forfeit to the United States the sum of $500 for each offense. Each distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. Such forfeiture shall be recoverable in a civil suit in the name of the United States.

[1921]

Sec. 218. Live poultry dealers and handlers: Unfair, deceptive and fraudulent practices; necessity to curb. The handling of the great volume of live poultry required as an article of food for the inhabitants of large centers of population is attendant with various

unfair, deceptive, and fraudulent practices and devices, resulting in the producers sustaining sundry losses and receiving prices far below the reasonable value of their live poultry in comparison with prices of other commodities and in unduly and arbitrarily enhancing the cost to the consumers. Such practices and devices are an undue restraint and unjust burden upon interstate commerce and are a matter of such grave concern to the industry and to the public as to make it imperative that steps be taken to free such commerce from such burden and restraint and to protect producers and consumers against such practices and devices. [1935]

Sec. 218a. Same: Designation of cities and markets where unfair practices exist; licenses required; penalty.

(a) The Secretary of Agriculture is authorized and directed to ascertain from time to time and to designate the cities where such practices and devices exist to the extent stated in the preceding section and the markets and places in or near such cities where live poultry is received, sold, and handled in sufficient quantity to constitute an important influence on the supply and price of live poultry and poultry products. On and after the effective date of such designation, which shall be publicly announced by the Secretary by publication in one or more trade journals or in the daily press or in such other manner as he may determine to be adequate for the purpose approximately thirty days prior to such date, no person other than packers as defined in Section 191 of this title and railroads shall engage in, furnish, or conduct any service or facility in any such designated city, place, or market in connection with the receiving, buying, or selling, on a commission basis or otherwise, marketing, feeding, watering, holding, delivering, shipping, weighing, unloading, loading on trucks, trucking, or handling in commerce of live poultry without a licence from the Secretary of Agriculture as herein authorized valid and effective at such time. Any person who violates any provision of this subsection shall be subject to a fine of not more than $500 or imprisonment of not more than six months, or both.

(b) Any person desiring a license shall make ap plication to the Secretary, who may by regulation prescribe the information to be contained in such application. The Secretary shall issue a license to any applicant furnishing the required information unless he finds after opportunity for a hearing that such applicant is unfit to engage in the activity for which he has made application by reason of his having at any time within two years prior to his application engaged in any practice of the character prohibited by this chapter [Secs. 181-231] is financially unable to fulfill the obligations that he would incur as a licensee. [1935]

Sec. 218d. Same: Suspension and revocation of license.

Whenever the Secretary determines, after opportunity for a hearing, that any licensee has violated or is violating any of the provisions of sections 218

218d of this title, he may publish the facts and circumstances of such violation and by order suspend the license of such offender for a period not to exceed ninety days and if violation is flagrant or repeated he may by order revoke the license of the offender. [1935]

Sec. 228. Rules and regulations.

The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter [Secs. 181-231] and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person; [1921]

Regulations Under The Packers and Stockyards Act.

[ED. NOTE.-There are given below those regulations promulgated under authority of the Packers and Stockyards Act which are considered necessary for a complete understanding of the weights and measures provisions of the act. This material is presented in the form in which it is published in Service and Regulatory Announcements 164 of the Office of Marketing Services of the United States Department of Agriculture, issued June 1943 and reprinted with amendments, February 1945.]

201.2 Terms defined. When used in these regulations, the terms as defined in the act, shall apply with equal force and effect. In addition, unless the context otherwise requires, the following terms shall be construed, respectively, to mean:

(b) "Administration" means the Office of Marketing Services, War Food Administration.

(c) "Director" means the Director of Marketing Services, War Food Administration, or any officer or employee of that Administration to whom the Director has heretofore lawfully delegated, or to whom the Director may hereafter lawfully delegate, the authority to act in his stead.

(g) "Licensee" means any person who holds a valid unrevoked license from the Secretary of Agriculture issued under title V of the act [Secs. 218-218d, U.S.C.A., Title 7].

201.43 Market agencies and licensees to make prompt accounting and transmittal of net proceeds.-Each market agency shall, before the close of the next business day following the sale of any livestock consigned to it for sale, transmit or deliver to the owner of the livestock, or his duly authorized agent the net proceeds received from the sale and a true written account of such sale showing the number, weight and price of each kind of animal sold Each licensee acting as a broker, factor, or commission merchant shall, before the close of the next business day following the sale of live poultry consigned to it for sale, transmit or deliver to the owner of the live poultry or his duly authorized agent the net proceeds received from such sale and a true written account thereof showing the number of pounds and the price of each kind of poultry sold

201.44 Market agencies and licensees to render prompt accounting for purchases on order.-Each market agency and licensee shall, promptly, following the purchase of livestock or live poultry on a commission or agency basis, transmit or deliver to the person for whose account such purchase was made, or his duly authorized agent, a true written account of the purchase showing the number, weight, and price of each kind of animal purchased, or the weight and price of each kind of poultry purchased,

201.49 Requirements regarding scale tickets evidencing weighing livestock and live poultry.-When livestock or live poultry is weighed for purposes of purchase or sale, or purchase and sale, a scale ticket shall be issued which shall show the name of the agency performing the weighing service, the date of the weighing, the number of the scale or other information identifying the scale upon which the weighing is performed, the name of the seller, the name of the buyer, the name of the consignor, or suitable designations by which the seller, buyer, or consignor may be identified. In the case of livestock in addition to the information referred to above the scale ticket shall show the number of head, kind, and actual weight of the livestock, the amount of dockage, if any, and the name or initials of the person who weighed the livestock. In the case of live poultry in addition to the information referred to above, the scale ticket shall show the number of coops weighed, the gross, tare, and net weights and the name or initials of the person operating the scale at the time the weighing is done. Only stockyard owners, market agencies, or licensees shall weigh livestock or live poultry and execute and issue scale tickets. Scale tickets issued under this section shall be in triplicate form, serially numbered, and if such tickets are used on a type-registering beam they shall conform to the specifications of the National Bureau of Standards.

201.65 Accurate weights.-Each stockyard owner, market agency, or licensee, who weighs livestock at stockyards or live poultry in designated markets shall maintain and operate the scales used for such weighing so as to insure accurate weights. 201.66 Scales; testing of.-Each stockyard owner, market agency, or licensee who weighs livestock or live poultry for purposes of purchase or sale or who furnishes scales for those purposes shall cause such scales to be tested properly by competent agencies at suitable intervals in accordance with instructions of the Director, copies of which will be furnished to each stockyard owner, market agency, or licensee.

201.67 Scale operators to be competent.-Each stockyard owner, market agency, or licensee shall employ only competent persons to operate scales for weighing livestock and live poultry for the purposes of purchase or sale. They shall require such employees to operate the scales in accordance with instructions of the Director, copies of which will be furnished to each stockyard owner, market agency, or licensee who employs persons to operate scales used for the purposes herein indicated.

201.68 Scales; reports of tests and inspections.-Each stockyard owner, market agency, or licensee, who weighs livestock and live poultry for purposes of purchase or sale, shall furnish reports of tests and inspections of scales used for these purposes, on forms which will be furnished by the Director on request. When executed one copy of such form shall be retained by the stockyard owner, market agency or licensee, and he shall cause one copy to be retained by the agency conducting the test and inspection of the scales, and the third copy shall be delivered to the local supervisor of the Packers and Stockyards Division, Livestock Branch, Office of Marketing Services, having charge of the work under the act in the particular district in which the scales being tested are located. In case the test and inspection of scales as herein required are conducted by an agency of a State or municipality or other governmental subdivision, the forms ordinarily used by such agency for reporting tests and inspections of scales shall be accepted in lieu of the forms furnished for this purpose by the Director: Provided, That the test and inspection forms used by the State or other governmental agency contain substantially the same information as that required by the official form.

201.69 Scales; repairs and adjustments after inspection.—No scale shall be used by any stockyard owner, market agency, or licensee unless it has been found upon test and inspection to be in a condition to give accurate weights. If any repairs, adjustments, or replacements are made upon a scale it shall not be placed in use until it has again been tested and inspected in accordance with these regulations.

201.70 Reweighing.-Stockyard owners, market agencies, or licensees or their employees shall reweigh livestock or live poultry on request of duly authorized employees of the Adminis

tration.

U. S. Code, 1946 Ed., Title 7, Ch. 9-"Packers and Stockyards Acts"-Continued.

201.71 Weighing for purposes other than purchase or sale. -Every stockyard owner, market agency, or licensee who weighs livestock or live poultry for purposes other than purchase or sale shall show on the scale tickets or other records used in connection with such weights the fact that they are not weights for purposes of purchase or sale.

201.79 Packer scales; maintenance and operation.-Packers owning or operating scales on which livestock is weighed for purposes of purchase in commerce for slaughter shall maintain and operate such scales so as to insure accurate weights. Public Law 717-75th Congress, Ch. 675-3rd Session, Supp. 5, [U. S. Code, 1946 Ed., Title 21, Secs. 301-392; 52 Stat. 1040-1059.]-"Federal Food, Drug, and Cosmetic Act."

[ED. NOTE.-There are given below those sections of the act and those regulations promulgated under its authority, which are considered necessary for a complete understanding of the weights and measures provisions of the act. This material is presented in the form in which it is published in Service and Regulatory Announcements, Food, Drug, and Cosmetic No. 1, Revision 3 of the Federal Security Agency, issued August 1939 and revise issued March 1949, in the introduction of which, it is stated:

"This publication contains an unofficial print of the Federal Food, Drug, and Cosmetic Act, as amended, and general regulations, as amended, for its administration. The third revision incorporates all changes made in the Act and general regulations since the printing of the second revision in July 1946. The section numbers of the regulations printed herein have been revised to comply with the changes in the Code of Federal Regulations announced in the Federal Register of November 27, 1948 (13 F. R. 6969). *"]

To prohibit the movement in interstate commerce of adulterated and misbranded food, drugs, devices, and cosmetics, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

CHAPTER I-SHORT TITLE

SECTION 1. This Act may be cited as the Federal Food, Drug, and Cosmetic Act.

General Regulation. [§1.1] (a) The provisions of regulations promulgated under the Act with respect to the doing of any act shall be applicable also to the causing of such act to be done.

(b) The definitions and interpretations of terms contained in section 201 of the Act shall be applicable also to such terms when used in regulations promulgated under the Act.

CHAPTER II-DEFINITIONS

SEC. 201. For the purposes of this Act

(a) The term "Territory" means any Territory or possession of the United States, including the District of Columbia and excluding the Canal Zone.

(b) The term "interstate commerce" means (1) commerce between any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Territory not organized with a legislative body.

(c) The term "Agency" means the Federal Security Agency.

(d) The term "Administrator" means the Federal Security Administrator.

(e) The term "person" includes individual, partnership, corporation, and association.

(f) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.

(g) The term "drug" means (1) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any articles specified in clause (1), (2), or (3); but does not include devices or their components, parts, or accessories.

(h) The term "device" (except when used in paragraph (n) in this section and in sections 301 (i), 403 (f), 502 (c), and 602 (c) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals.

(i) The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles; except that such term shall not include soap.

(j) The term "official compendium" means the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.

(k) The term "label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this Act that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. (1) The term "immediate container" does not include package liners.

(m) The term "labeling" means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.