text:
Page:United States Statutes at Large Volume 81.djvu/624

 590

Equine meat, identification.

Importation of meat.

52 Stat. 1040. 21 USC 301.

PUBLIC LAW 90-201-DEC. 15, 1967

[81 STAT.

label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary. " (b) Xo person, firm, or corporation shall— "(1) forge any official device, mark, or certificate; "(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; "(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate; "(4) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; "(5) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or "(6) knowingly represent that any article has been inspected and passed, or exempted, under this Act when, in fact, it has, respectively, not been so inspected and passed, or exempted." SEC. 9. The present provisions of section 19 of said Act (21 U.S.C. 87) are hereby deleted and the following new provisions are substituted therefor: "SEC. 19. No person, firm, or corporation shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Secretary to show the kinds of animals from which they were derived. When required by the Secretary, with respect to establishments at which inspection is maintained under this title, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared." SEC. 10. The present provisions of section 20 of said Act (21 U.S.C. 88) are hereby deleted and the following new provisions are substituted therefor: "SEC. 20. (a) No carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines which are capable of use as human food, shall be imported into the United States if such articles are adulterated or misbranded and unless they comply with all the inspection, building construction standards, and all other provisions of this Act and regulations issued thereunder applicable to such articles in commerce within the United States. All such imported articles shall, upon entry into the United States, be deemed and treated as domestic articles subject to the other provisions of this Act and the Federal Food, Drug, and Cosmetic Act: Provided, That they shall be marked and labeled as required by such regulations for imported articles: Provided further, That nothing in this section shall apply to any individual who purchases meat or meat products outside the United States for his own consumption except that the total amount of such meat or meat products shall not exceed fifty pounds. " (b) The Secretary may prescribe the terms and conditions for the destruction of all such articles which are imported contrary to this

�


text:
Page:United States Statutes at Large Volume 81.djvu/625

 81

STAT.]

PUBLIC LAW 90-201-DEC. 15, 1967

591

section, unless (1) they are exported by the consignee within the time fixed therefor by the Secretary, or (2) in the case of articles which are not in compliance with the Act solely because of misbranding, such articles are brought into compliance with the Act under supervision of authorized representatives of the Secretary. "(c) All charges for storage, cartage, and labor with respect to any article which is imported contrary to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such article and any other article thereafter imported under this Act by or for such owner or consignee. " (d) The knowing importation of any article contrary to this section is prohibited. "(e) Not later than March 1 of each year the Secretary shall sub- resTk.na\°co°m-" mit to the Committee on Agriculture of the House of Representatives mittees. and the Committee on Agriculture and Forestry of the Senate a comprehensive and detailed written report with respect to the administration of this section during the immediately preceding calendar year. Such report shall include, but shall not be limited to— " (1) a certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements at least equal to all the inspection, building construction standards, and all other provisions of this Act and regulations issued thereunder; " (2) the names and locations of plants authorized or permitted to have imported into the United States therefrom carcasses or meat or meat products referred to in subsection (a) of this section; "(3) the number of inspectors employed by the Department of Agriculture in the calendar year concerned who were assigned to inspect plants referred to in paragraph (e)(2) hereof and the frequency with which each such plant was inspected by such inspectors; "(4) the number of inspectors licensed by each country from which any imports subject to the provisions of this section were imported who w-ere assigned, during the calendar year concerned, to inspect such imports and the facilities in which such imports were handled and the frequency and effectiveness of such inspections; and "(5) the total volume of carcasses or meat or meat products referred to in subsection (a) of this section which was imported into the United States during the calendar year concerned from each country, including a separate itemization of the volume of each major category of such imports from each country during such year, and a detailed report of rejections of plants and products because of failure to meet appropriate standards prescribed by this Act." SEC. 11. Section 23 of said Act is hereby amended to read as follows: inspection ex" SEC. 23. (a) The provisions of this title requiring inspection of the ^'"P*^""^slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting such operations for commerce shall not apply to the slaughtering by any person of animals of his own raising, and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; nor to the custom slaughter by any person, firm, or corporation of cattle, sheep, swine or goats delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat and meat food prod85-622 0-68—40

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 81.djvu/626

 592

PUBLIC LAW 90-201-DEC. 15, 1967

[81 STAT.

nets of such finimals, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees: Provided, That such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat food products of any cattle, sheep, swine, goats or equines, capable of use as human food. "(b) The Secretary may, under such sanitary conditions as he may by regulations prescribe, exempt from the inspection requirements of this title the slaughter of animals, and the preparation of carcasses, parts thereof, meat and meat food products, by any person, firm, or corporation in any Territory not organized with a legislative body solely for distribution within such Territory when the Secretary determines that it is impracticable to provide such inspection within the limits of funds appropriated for administration of this Act and that such exemption will othenvise facilitate enforcement of this Act. The Secretary may refuse, withdraw, or modify any exemption under this paragraph (b) in his discretion whenever he determines such action is necessary to effectuate the purposes of this Act. " (c) The adulteration and misbranding provisions of this title, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection or not required to be inspected under this section." SEC. 12. Said Act is hereby further amended by: (a) deleting the phrase "cattle, sheep, swine, and goats'" and the phrase "cattle, sheep, swine, or goats" wherever they appear in title I of the Act and substituting therefor, respectively, the phrase "cattle, sheep, swine, goats, horses, mules, and other equines" and the phrase "cattle, sheep, swine, goats, horses, mules, or other equines"; (b) in sections 3 and 4 (21 U.S.C. 71, 72), deleting the phrase "unsound, unhealthful, unwholesome, or otherwise unfit for human food" each time it appears and inserting in lieu thereof the word "adulterated"; (c) in section 4 (21 U.S.C. 72), deleting the phrase "sound, healthful, wholesome, and fit for human food" and inserting in lieu thereof the phrase "not adulterated"; (d) in section 4 (21 U.S.C. 72), deleting the phrase "unsound, unhealthful, unwholesome, or in any way unfit for human food" and inserting in lieu thereof the word "adulterated"; (e) in section 6 (21 U.S.C. 74), deleting the phrase "sound, healthful, and wholesome, and which contain no dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food" and inserting in lieu thereof the phrase "not adulterated", and deleting the phrase "unsound, unhealthful, and unwholesome, or which contain dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food" and inserting in lieu thereof the word "adulterated"; (f) in section 8 (21 U.S.C. 76), deleting the phrase "unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food" and inserting in lieu thereof the word "adulterated"; (g) in section 17 (21 U.S.C. 85), deleting the phrase "or goat meat, being the meat of animals killed after the passage of this Act, or except as hereinbefore provided" and substituting therefor the phrase "goat or equine meat"; (h) in section 18 (21 U.S.C. 86), deleting the phrase "sound and wholesome."; and

�


text:
Page:United States Statutes at Large Volume 81.djvu/627

 81 STAT.]

593

PUBLIC LAW 90-201-DEC. 15, 1967

(i) in section 21 (21 U.S.C. 89), deleting the phrase "sound, healthful, wholesome, and fit for human food, and to contain no dyes, chemicals, preservatives, or ingredients which render such meat food product unsound, unhealthful, unwholesome, or unfit for human food; and to have been prepared under proper sanitary conditions, hereinbefore provided for" and inserting in lieu thereof the phrase "not adulterated". SEC. 13. Said Act is hereby further amended by adding at the end thereof the following new section in title I: "SEC. 24. The Secretary may by regulations prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited. However, such regulations shall not apply to the storage or handling of such articles at any retail store or other establishment in any State or organized Territory that would be subject to this section only because of purchases in commerce, if the storage and handling of such articles at such establishment is regulated under the laws of the State or Territory in which such establishment is located, in a manner which the Secretary, after consultation with the appropriate advisory committee provided for in section 301 of this Act, determines is adequate to effectuate the purposes of this section." SEC. 14. Said Act is hereby further amended by adding after title I thereof, the following new sections as:

Storage or handling regulations.

Post, p. 595.

"TITLE II—MEAT PROCESSORS AND RELATED INDUSTRIES "SEC. 201. Inspection shall not be provided under title I of this Act at any establishment for the slaughter of cattle, sheep, swine, goats, horses, mules, or other equines, or the preparation of any carcasses or parts or products of such animals, which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person, firm, or corporation shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in commerce, or import, any carcasses, parts thereof, meat or meat food products of any such animals, which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Secretary or are naturally inedible by humans. "SEC. 202. (a) The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Secretary, afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor— "(1) An;^ persons, firms, or corporations that engage, for commerce, in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freez-

Meat inedible by humans, identification.

Records, maintenance and access.

�


text:
Page:United States Statutes at Large Volume 81.djvu/628

 594

PUBLIC LAW 90-201-DEC. 15, 1967

[81 STAT.

ing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food; "(2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers or otherwise), or transporting in commerce, or storing in or for commerce, or importing, any carcasses, or parts or products of carcasses, of any such animals; "(3) Any persons, firms, or corporations that engage in business, in or for commerce, as renderers, or engage in the business of buying, selling, or transporting, in commerce, or importing, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses oi any such animals that died otherwise than by slaughter. "(b) Any record required to be maintained by this section shall be maintained for such period of time as the Secretary may by regulations prescribe. Diseased or "SEC. 203. No persou, firm, or corporation shall engage in business, Regit'traUon of in or for commerce, as a meat broker, renderer, or animal food manumeat brokers, etc, facturer, or engage in business in commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for commerce, or engage in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless, when required by regulations of the Secretary, he has registered with the Secretary his name, and the address of each place of business at which, and all trade names under which, he conducts such business. "SEC. 204. No person, firm, or corporation engaged in the business of buying, selling, or transporting in commerce, or importing, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, or import, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the Secretary may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes. "SEC. 205. The authority conferred on the Secretary by section 202, 203, or 204 of this title with respect to persons, firms, and corporations engaged in the specified kinds of business in or for commerce may be exercised with respect to persons, firms, or corporations engaged, in any State or organized Territory, in such kinds of business but not in or for commerce, whenever the Secretary determines, after consultation with an appropriate advisory committee provided for in section Post, p. 595. 301 of this Act, that the State or Territory does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this Act including the State providing for the Secretary or his representative being afforded access to such places of business and the facilities, inventories, and records thereof, and the taking of reasonable samples, where he determines necessary in carrying out his responsibilities under this Act; and in such case the provisions of section 202, 203, or 204, respectively, shall apply to such

�


text:
Page:United States Statutes at Large Volume 81.djvu/629

 81

STAT.]

PUBLIC LAW 90-201-DEC. 15, 1967

595

persons, firms, and corporations to the same extent and in the same manner as if they were engaged in such business in or for conmierce and the transactions involved were in commerce.'' SEC. 15. Said Act is hereby further amended by adding after title II thereof, the following new section as: "TITLE III — FEDERAL AND STATE COOPERATION "SEC. 301. (a) I t is the policy of the Congress to protect the consuming public from meat and meat food products that are adulterated or misbranded and to assist in efforts by State and other Government agencies to accomplish this objective. I n furtherance of this policy— " (1) The Secretary is authorized, whenever he determines that it would effectuate the purposes of this Act, to cooperate with the appropriate State agency in developing and administering a State meat inspection program in any State which has enacted a State meat inspection law that imposes mandatory ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under title I of this Act, with respect to all or certain classes of persons engaged in the State in slaughtering cattle, sheep, swine, goats, or equines, or preparing the carcasses, parts thereof, meat or meat food products, of any such animals for use as human food solely for distribution within such State. "(2) The Secretary is further authorized, whenever he determines that it would effectuate the purposes of this Act, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in title II of this Act; and to cooperate with other agencies of the United States in carrying out any provisions of this Act. "(3) Cooperation with State agencies under this section may include furnishing to the appropriate State agency (i) advisory assistance in planning and otherwise developing an adequate State program under the State law; and (ii) technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The amount to be contributed to any State by the Secretary under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be contingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appropriate advisory committee appointed under paragraph (4), deems adequate to effectuate the purposes of this section. "(4) The Secretary may appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with him concerning State and Federal programs with respect to meat inspection and other matters within the scope of this Act, including evaluating State programs for purposes of this Act and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers. " (b) The appropriate State agency with which the Secretary may cooperate under this Act shall be a single agency in the State which is primarily responsible for the coordination of the State programs

^"'^' P- ^84.

^"'^' P- S^^.

Federal contribution, limitation.

�


text:
Page:United States Statutes at Large Volume 81.djvu/630

 596

^"ost, p! 597!

Publication in Federal Register,

Ante, p. 595.

PUBLIC LAW 90-201-DEC. 15, 1967

[81 STAT.

having objectives similar to those under this Act. When the State program includes performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the State agency for purposes of this section. "(c)(1) If the Secretary has reason to believe, by thirty days prior to the expiration of two years after enactment of the Wholesome Meat Act, that a State has failed to develop or is not enforcing, with respect to all establishments within its jurisdiction (except those that would be exempted from Federal inspection under subparagraph (2)) at which cattle, sheep, swine, goats, or equines are slaughtered, or their carcasses, or parts or products thereof, are prepared for use as human food, solely for distribution within such State, and the products of such establishments, requirements at least equal to those imposed under title I and IV of this Act, he shall promptly notify the Governor of the State of this fact. If the Secretary determines, after consultation with the Governor of the State, or representative selected by him, that such requirements have not been developed and activated, he shall promptly after the expiration of such two-year period designate such State as one in which the provisions of titles I and IV of this Act shall apply to operations and transactions wholly within such State: Provided, That if the Secretary has reason to believe that the State will activate such requirements within one additional year, he may delay such designation for said period, and not designate the State, if he determines at the end of the year that the State then has such requirements in effective operation. The Secretary shall publish any such designation in the Federal Register and, upon the expiration of thirty days after such publication, the provisions of titles I and IV shall apply to operations and transactions and to persons, firms, and corporations engaged therein in the State to the same extent and in the same manner as if such operations and transactions were conducted in or for commerce. Thereafter, upon request of the Governor, the Secretary shall revoke such designation if the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under title I and title IV of this Act: And provided further, That, notwithstanding any other provision of this section, if the Secretary determines that any establishment within a State is producing adulterated meat or meat food products for distribution within such State which would clearly endanger the public health he shall notify the Governor of the State and the appropriate Advisory Committee provided by section 301 of ^he Act of such fact for effective action under State or local law. If the State does not take action to prevent such endangering of the public health within a reasonable time after such notice, as determined by the Secretary, in light of the risk to public healtli, the Secretary may forthwith designate any such establishment as subject to the provisions of titles I and IV of the Act, and thereupon the establishment and operator thereof shall be subect to such provisions as though engaged in commerce until such time as the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under title I and title IV of this Act. (2) The provisions of this Act requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments if such establishments are subject to such inspection provisions only under this paragraph (c).

�


text:
Page:United States Statutes at Large Volume 81.djvu/631

 81 STAT.]

597

PUBLIC LAW 90-201-DEC. 15, 1967

(3) Whenever the Secretary determines that any State designated under this paragraph (c) has developed and will enforce State meat inspection requirements at least equal to those imposed under titles I and IV, with respect to the operations and transactions within such State which are regulated under subparagraph (1), he shall terminate the designation of such State under this paragraph (c), but this shall not preclude the subsequent redesignation of the State at any time upon thirty days notice to the Governor and publication in the Federal Register in accordance with this paragraph, and any State may be designated upon such notice and publication at any time after the period specified in this paragraph whether or not the State has theretofore been designated upon the Secretary determining that it is not effectively enforcing requirements at least equal to those imposed under titles I and IV. (4) The Secretary shall promptly upon enactment of the Wholesome Meat Act and periodically thereafter, but at least annually, review the requirements, including the enforcement thereof, of the several States not designated under this paragraph (c), with respect to the slaughter, and the preparation, storage, handling and distribution of carcasses, parts thereof, meat and meat food products, of such animals, and inspection of such operations, and annually report thereon to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture and Forestry of the Senate in the report required under section 17 of the Wholesome Meat Act. " (d) As used in this section, the term 'State' means any State (including the Commonwealth of Puerto Rico) or organized Territory." SEC. 16. Said Act is hereby further amended by adding after title III thereof, the following new sections as:

Ante, Infta.

p.

State requirements, periodic review.

Report.to cong r e s s i o n a l committees. Post, p. 600. "State.'

"TITLE IV—AUXILIARY PROVISIONS "SEC. 401. The Secretary may (for such period, or indefinitely, as se1?wcV"with-*'°" he deems necessary to effectuate the purposes of this Act) refuse to drawai.' provide, or withdraw, inspection service under title I of this Act with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under title I because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, of (1) any felony, or (2) more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this Act for withdrawal of inspection services under title I from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products. "For the purpose of this section a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity. "The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in section 404. Judicial review Post, p. 599. of any such order shall be upon the record upon which the determination and order are based.

�


text:
Page:United States Statutes at Large Volume 81.djvu/632

 598 Administrative detention of certain meat, etc.

Seizure or condemnation.

PUBLIC LAW 90-201-DEC. 15, 1967

[81 STAT.

"SEC. 402. Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to title I or II of this Act, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of title I of this Act or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that such article or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 403 of this Act or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be req^uired by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks. "SEC. 403. (a) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that is being transported in commerce or otherwise subject to title I or II of this Act, or is held for sale in the United States after such transportation, and that (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this Act, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way is in violation of this xVct, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other proper court as provided in section 404 of this Act within the jurisdiction of which the article or animal is found. If the article or animal is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the article or animal shall not be sold contrary to the provisions of this Act, or the laws of the jurisdiction in which it is sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of the jurisdiction in which disposal is made, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal. The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admirality, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States.

�


text:
Page:United States Statutes at Large Volume 81.djvu/633

 81 STAT.]

599

PUBLIC LAW 90-201-DEC. 15, 1967

" (b) The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this Act, or other laws. "SEC. 404. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other Territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in section 7(e) of this Act. "SEC. 405. Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this Act shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this Act shall be punished as provided under sections 1111 and 1114 of title 18, United States Code. "SEC. 406. (a) Any person, firm, or corporation who violates any provision of this Act for which no other criminal penalty is provided by this Act shall upon conviction be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both such imprisonment and fine; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 1(m)(8) of this Act), such person, firm, or corporation shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both: Provided, That no person, firm, or corporation, shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this Act if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him. " (b) Nothing in this Act shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings, minor violations of this Act whenever he believes that the public interest will be adequately served by a suitable written notice of warning. "SEC. 407. For the efficient administration and enforcement of this Act, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Act entitled 'An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes', approved September 26, 1914 (38 Stat. 721-723, as amended; 15 U.S.C. 46, 48, 49, and 50) (except paragraphs (c) through (h) of section 6 and the last paragraph of section 9), and the provisions of subsection 409(1) of the Communications Act of 1934 (48 Stat. 1096, as amended; 47 U.S.C. 409(1)), are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act and to any person, firm, or corporation with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this Act in any part of the United States, and the powers conferred by said sections 9 and 10 of the Act of September 26, 1914, as amended, on the district courts of the United States may be exercised

Courts, jurisdiction.

Ante, p. 589. Violations.

62 Stat. 756. 65 Stat. 7 2 1.

Ante,

p. 586.

66 Stat. 722.

�


text:
Page:United States Statutes at Large Volume 81.djvu/634

 600

States, jurisdiction. Ante, p. 584.

Ante, p. 593.

52 Stat. 1059.

Ante, p. 598.

21 USC 301.

Appropriation. Report to congressional committees.

Repeals.

PUBLIC LAW 90-201-DEC. 15, 1967

[81 STAT.

for the purposes of this Act by any court designated in section 404 of this Act. "SEC. 408. Requirements within the scope of this Act with respect to premises, facilities and operations of any establishment at which inspection is provided under title I of this Act, which are in addition to, or different than those made under this Act may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of section 202 of this Act, if consistent therewith, with respect to any such establishment. Marking, labeling, packaging, or ingredient requirements in addition to, or different than, those made under this Act may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any establishment under inspection in accordance with the requirements under title I of this Act, but any State or Territory or the District of Columbia may, consistent with the requirements under this Act, exercise concurrent jurisdiction with the Secretary over articles required to be inspected under said title, for the purpose of preventing the distribution for human food purposes of any such articles which are adulterated or misbranded and are outside of such an establishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This Act shall not preclude any State or Territory or the District of Columbia from making requirement or taking other action, consistent with this Act, with respect to any other matters regulated under this Act. "SEC. 409. (a) Notwithstanding any other provisions of law, including section 902(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this Act shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to enactment of the Wholesome Meat Act. "(b) The detainer authority conferred by section 402 of this Act shall apply to any authorized representative of the Secretary of Health, Education, and Welfare for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act with respect to any carcass, part thereof, meat, or meat food product of cattle, sheep, swine, goats, or equines that is outside any premises at which inspection is being maintained under this Act, and for such purposes the first reference to the Secretary in section 402 shall be deemed to refer to the Secretary of Health, Education, and Welfare. "SEC. 410. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act."' SEC. 17. The Secretary shall annually report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture and Forestry of the Senate with respect to the slaughter of animals subject to this Act, and the preparation, storage, handling and distribution of carcasses, parts thereof, meat and meat food products, of such animals, and inspection of establishments operated in connection therewith, including the operations under and effectiveness of this Act. SEC. 18. The provisions relating to equine meat and meat food products beginning with the phrase "And, hereafter," under the heading "BUREAU OF A N I M A L INDUSTRY" and the subheading "MEAT INSPECTION, BUREAU OF ANIMAL INDUSTRY:" in the Act approved July 24, 1919, entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and twenty" (41 Stat. 241; 21 U.S.C. 96), and paragraph (b) of

�


text:
Page:United States Statutes at Large Volume 81.djvu/635

 81 STAT.]

PUBLIC LAW 9 0 - 2 0 1 - D E C. 15, 1967

section 306 of the Tariff Act of 1930 (46 Stat. 689, as amended; 19 U.S.C. 1306(b)) are hereby repealed. SEC. 19. If any provision of this Act or of the amendments made hereby or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the remaining amendments and of the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 20. This Act shall become effective upon enactment except as provided in paragraphs (a) through (d): (a) The provisions of paragraph (b)(1) and (c) of section 10 and the provisions of section 20 of the Federal Meat Inspection Act, as amended by sections 7 and 10 of this Act, and the provisions of section 18 of this Act repealing paragraph (b) of section 306 of the Tariff Act of 1930, shall become effective upon the expiration of sixty days after enactment hereof. (b) The provisions of title I of the Federal Meat Inspection Act, as amended by this Act, shall become effective with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof upon the expiration of sixty days after enactment hereof. (c) Section 11 of this Act, amending section 23, of the Federal Meat Inspection Act, shall become effective upon the expiration of sixty days after enactment hereof. (d) Section 204 of the Federal Meat Inspection Act, as added by section 14 of this Act, shall become effective upon the expiration of sixty days after enactment hereof. Approved December 15, 1967.

601

separability.

Effective date.

Ante,

p. 584.

�


text:
Page:United States Statutes at Large Volume 81.djvu/636

 602

PUBLIC LAW 90-202-DEC. 15, 1967

[81 STAT.

Public Law 90-202 December 15, 1967 [S- 830]

-^^ ACT To prohibit age discrimination in employment.

Be it enacted by the Senate and House of Representatives of the Age Discrimina- United States of America in Congress assembled, That this Act may be mentAct^'f 1967. Cited as the "Age Discrimination in Employment Act of 1067". STATEMENT OF FINDINGS AND PURPOSE

SEC. 2. (a) The Congress hereby finds and declares that^— (1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; (2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons j (3) the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; (4) the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce. (b) I t is therefore the purpose of this Act to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment. EDUCATION AND RESEARCH PROGRAM

SEC. 3. (a) The Secretary of Labor shall undertake studies and provide information to labor unions, management, and the general public concerning the needs and abilities of older workers, and their potentials for continued employment and contribution to the economy. I n order to achieve the purposes of this Act, the Secretary of Labor shall carry on a continuing program of education and information, under which he may, among other measures— (1) undertake research, and promote research, with a view to reducing barriers to the employment of older persons, and the promotion of measures for utilizing their skills; (2) publish and otherwise make available to employers, professional societies, the various media of communication, and other interested persons the findings of studies and other materials for the promotion of employment; (3) foster through the public employment service system and through cooperative effort the development of facilities of public and private agencies for expanding the opportunities and potentials of older persons; (4) sponsor and assist State and community informational and educational programs. to^congTrs".'^^"°" (^) ^<^* 1^*®^ t^^n six months after the effective date of this Act, the Secretary shall recommend to the Congress any measures he may deem desirable to change the lower or upper age limits set forth in section 12.

�


text:
Page:United States Statutes at Large Volume 81.djvu/637

 81

STAT.]

PUBLIC LAW 90-202-DEC. 15, 1967 PROHIBITION OF AGE DISCRIMINATION

SEC. 4. (a) I t shall be unlawful for an employer— (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or (3) to reduce the wage rate of any employee in order to comply with this Act. (b) I t shall be unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of such individual's age, or to classify or refer for employment any individual on the basis of such individual's age. (c) I t shall be unlawful for a labor organization— (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his age; (2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's age; ,... (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. (d) I t shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this Act. (e) I t shall be unlawful for an employer, labor organization, or employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on age. (f) I t shall not be unlawful for an employer, employment agency, or labor organization— (1) to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age; (2) to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this Act, except that no such employee benefit plan shall excuse the failure to hire any individual; or

603

�


text:
Page:United States Statutes at Large Volume 81.djvu/638

 604

PUBLIC LAW 90-202-DEC. 15, 1967

[81 STAT.

(3) to discharge or otherwise discipline an individual for good cause. STUDY BY SECRETARY OF LABOR

Reports to President and Con-

gress.

gj,^ 5 rj^j-^^ Secretary of Labor is directed to undertake an appro.,

.,

« •, •,, •

i

i, i

,

• •

^

i

priate study or institutional and other arrangements giving rise to involuntary retirement, and report his findings and any appropriate legislative recommendations to the President and to the Congress. ADMINISTRATION

SEC. 6. The Secretary shall have the power— (a) to make delegations, to appoint such agents and employees, and to pay for technical assistance on a fee for service basis, as he deems necessary to assist him in the performance of his functions under this Act; (b) to cooperate with regional, State, local, and other agencies, and to cooperate with and furnish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of this Act. RECORDKEEPING, I N V E S T I G A T I O N, A N D

Jeeffi'siau' 916.' ° 7s%tTt%\°^^'

52 Stat. 1068,

ENFORCEMENT

SEC. 7. (a) The Secretary shall have the power to make investigations and require the keeping of records necessary or appropriate for the administration of this Act in accordance with the powers and procedures provided in sections 9 and 11 of the Fair Labor Standards -^ct of 1938, as amended (29 U.S.C. 209 and 211). (b) The provisions of this Act shall be enforced in accordance with the powers, remedies, and procedures provided in sections 11(b), 16 (except for subsection (a) thereof), and 17 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 211(b), 216, 217), and subsection (c) of this section. Any act prohibited under section 4 of this Act shall be deemed to be a prohibited act under section 15 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 215). Amouuts owing to a person as a result of a violation of this Act shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of sections 16 and 17 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 216, 217): Provided, That liquidated damages shall be payable only in cases of willful violations of this Act. I n any action brought to enforce this Act the court shall have jurisdiction to grant such legal or equitable relief as may be appropriate to effectuate the purposes of this Act, including without limitation judgments compelling employment, reinstatement or promotion, or enforcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section. Before instituting any action under this section, the Sec-, retary shall attempt to eliminate the discriminatory practice or practices alleged, and to effect voluntary compliance with the requirements of this Act through informal methods of conciliation, conference, and persuasion. (c) Any person aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this Act: Provided. That the right of any person to bring such action shall terminate upon the commencement of an action by the Secretary to enforce the right of such employee under this Act.

�


text:
Page:United States Statutes at Large Volume 81.djvu/639

 81

STAT.]

PUBLIC LAW 90-202-DEC. 15, 1967

(d) Xo civil action may be commenced by any individual under this section until the individual has given the Secretary not less than sixty days' notice of an intent to file such action. Such notice shall be filed— (1) within one hundred and eighty days after the alleged unlawful practice occurred, or (2) in a case to which section 14(b) applies, within three hundred days after the alleged unlawful practice occurred or within thirty days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier. Upon receiving a notice of intent to sue, the Secretary shall promptly notify all persons named therein as prospective defendants in the action and shall promptly seek to eliminate any alleged unlawful practice by informal methods of conciliation, conference, and persuasion. (e) Sections 6 and 10 of the Portal-to-Portal Act of 1947 shall apply to actions under this Act.

605

H ulc 255.^259.

NOTICES TO BE POSTED

SEC. 8. Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice to be prepared or approved by the Secretary setting forth information as the Secretary deems appropriate to effectuate the purposes of this Act. RULES AND REGULATIONS

SEC. 9. I n accordance with the provisions of subchapter II of chapter 5 of title 5, United States Code, the Secretary of Labor may issue such rules and regulations as he may consider necessary or appropriate for carrying out this Act, and may establish such reasonable exemptions to and from any or all provisions of this Act as he may find necessary and proper in the public interest. CRIMINAL P E N A L T I E S

SEC. 10. Whoever shall forcibly resist, oppose, impede, intimidate or interfere with a duly authorized representative of the Secretary while he is engaged in the performance of duties under this Act shall be punished by a fine of not more than $500 or by imprisonment for not more than one year, or by both: Provided, however, That no person shall be imprisoned under this section except when there has been a prior conviction hereunder. DEFINITIONS

SEC. 11. For the purposes of this Act— (a) The term "person" means one or more individuals, partnerships, associations, labor organizations, corporations, business trusts, legal representatives, or any organized groups of persons. (b) The term "employer" means a person engaged in an industry affecting commerce who has twenty-five or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year: Provided, That prior to June 30, 1968, employers having fewer than fifty employees shall not be considered employers. The term also means any agent of such a person, but such term does not include the United States, a corporation wholly owned by the Government of the United States, or a State or political subdivision thereof.

so Stat. 38i.

�


text:
Page:United States Statutes at Large Volume 81.djvu/640

 606

PUBLIC LAW 90-202-DEC. 15, 1967

[81 STAT.

(c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer and includes an agent of such a person; but shall not include an agency of the United States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance. (d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is fifty or more prior to July 1, 1968, or twenty-five or more on or after July 1, 1968, and such labor organization— (1) is the certified representative of employees under the pro29 USC ^67^* visions of the National Labor Relations Act, as amended, or the 44 Stat. 5 77*. Railway Labor Act, as amended; or 45 USC 151-188. (2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or (3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or (4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or (5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the precedingparagraphsof this subsection. (f) The term "employee" means an individual employed by any employer. (g) The term "commerce" means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof. (h) The term "industry affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes

�


text:
Page:United States Statutes at Large Volume 81.djvu/641

 81

STAT.]

PUBLIC LAW 90-202-DEC. 15, 1967

607

any activity or industry "affecting commerce" within the meaning of the Labor-Management Reporting and Disclosure Act of 1959. 29 USC'lof" (i) The term "State" includes a State of the United States, the Dis- note. trict of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act. LIMITATION

SEC. 12. The prohibitions in this Act shall be limited to individuals who are at least forty years of age but less than sixty-five years of age. ANNUAL REPORT

SEC. 13. The Secretary shall submit annually in January a report ^J^^^°^ *° ^°"" to the Congress covering his activities for the preceding year and in- gress. cluding such information, data, and recommendations for further legislation in connection with the matters covered by this Act as he may find advisable. Such report shall contain an evaluation and appraisal by the Secretary of the effect of the minimum and maximum ages established by this Act, together with his recommendations to the Congress. I n making such evaluation and appraisal, the Secretary shall take into consideration any changes which may have occurred in the general age level of the population, the effect of the Act upon workers not covered by its provisions, and such other factors as he may deem pertinent. FEDERAL-STATE RELATIONSHIP

SEC. 14. (a) Nothing in this Act shall affect the jurisdiction of any agency of any State performing like functions with regard to discriminatory employment practices on account of age except that upon commencement of action under this Act such action shall supersede any State action. (b) I n the case of an alleged unlawful practice occurring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought under section 7 of this Act before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated: Provided, That such sixtyday period shall be extended to one hundred and twenty days during the first year after the effective date of such State law. If any requirement for the commencement of such proceedings is imposed by a State authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State authority. EFFECTIVE DAI B

SEC. 15. This Act shall become effective one hundred and eighty days after enactment, except (a) that the Secretary of Labor may extend the delay in effective date of any provision of this Act up to an additional ninety days thereafter if he finds that such time is necessary in permitting adjustments to the provisions hereof, and 85-622 0-68—41

�


text:
Page:United States Statutes at Large Volume 81.djvu/642

 608

PUBLIC LAW 90-203-DEC. 15, 1%7

[81 STAT.

(b) that on or after the date of enactment the Secretary of Labor is authorized to issue such rules and regulations as may be necessary to carry out its provisions. APPROPRIATIONS

SEC. 16. There are hereby authorized to be appropriated such sums, not in excess of $3,0,000 for any fiscal year, as may be necessary to carry out this Act. Approved December 15, 1967.

Public Law 90-203 AN ACT December 15, 1967 [H.R. 10595] To prohibit certain banks and savings and loan associations from fostering or participating in gambling activities.

National banks. Prohibited activities, 12 USC 24.

Definitions.

Be it enacted by the Senate and House of Re2>resentati'ves of the United States of America in Congress assembled. SECTION 1. (a) Chapter 1 of title L X II of the Revised Statutes is amended by inserting, immediately after section 51fS6, the following new section: "SEC, 5136A. (a) A national bank may not— "(1) deal in lottery tickets; "(2) deal in bets used as a means or substitute for participation in a lottery; "(3) announce, advertise, or publicize the existence of any lottery; " (4) announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery. " (b) A national bank may not permit— "(1) the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or " (2) direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a). "(c) As used in this section— " (1) The term 'deal in' includes making, taking, buying, selling, redeeming, or collecting. "(2) The term 'lottery' includes any arrangement whereby three or more persons (the'participants') advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the 'winners') will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes— " (A) a random selection; " (B) a game, race, or contest; or " (C) any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner. "(3) The term 'lottery ticket' includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery.

�


text:
Page:United States Statutes at Large Volume 81.djvu/643

 81 STAT.]

PUBLIC LAW 9 0 - 2 0 3 - D E C. 15, 1967

609

" (d) Nothing contained in this section prohibits a national bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery. "(e) The Comptroller of the Currency shall issue such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof." (b) The table of sections at the beginning of that chapter is amended by inserting "5136A. Participation in lotteries prohibited." immediately above "5137. Power to hold real property." SEC. 2. The Federal Eeserve Act is amended by inserting immeT

X

a

•

r\ 1

i> ^^

•

.

"

^

&

diately arter section 9 the lollowing new section:

Regulations.

Federal Reserve Act, amendment.

38 Stat. 259. 12 USC 321-338.

"SECTION 9A. PARTICIPATION IN LOTT'ERIES PROHIBITED

" (a) A State member bank may not— "(1) deal in lottery tickets; " (2) deal in bets used as a means or substitute for participation in a lottery; "(3) announce, advertise, or publicize the existence of any lottery; "(4) announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery. " (b) A State member bank may not permit— " (1) the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or " (2) direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a). "(c) As used in this section— "(1) The term 'deal in' includes making, taking, buying, selling, redeeming, or collecting. "(2) The term 'lottery' includes any arrangement whereby three or more persons (the 'participants') advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the 'winners') will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes— " (A) a random selection; " (B) a game, race, or contest; or " (C) any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner. " (3) The term 'lotteiy ticket' includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery.

Definitions.

�


text:
Page:United States Statutes at Large Volume 81.djvu/644

 610

Regulations.

Federal Deposit Insurance Act, amendment. 64 Stat. 893. 12 USC 1829.

Definitions.

Regulations.

PUBLIC LAW 90-203-DEC. 15, 1967

[81 STAT.

" (d) Nothing contained in this section prohibits a State member bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery. "(e) The Board of Governors of the Federal Reserve System shall issue such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof." SEC. 3. The Federal Deposit Insurance Act is amended by redesignating sections 20 and 21 as 21 and 22, respectively, and by inserting immediately after section 19 the following new section: "SEC. 20. (a) A State nonmember insured bank may not^— "(1) deal in lottery tickets; " (2) deal in bets used as a means or substitute for participation in a lottery; "(3) announce, advertise, or publicize the existence of any lottery; "(4) announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery. " (b) A State nonmember insured bank may not permit— " (1) the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or "(2) direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a). "(c) As used in this section— "(1) The term 'deal in' includes making, taking, buying, selling, redeeming, or collecting. "(2) The term 'lottery" includes any arrangement whereby three or more persons (the 'participants') advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the 'winners') will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes— " (A) a random selection; " (B) a game, race, or contest; or " (C) any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner. "(3) The term 'lottery ticket' includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery. " (d) Nothing contained in this section prohibits a State nonmember insured bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery. "(e) The Board of Directors shall prescribe such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof."

�


text:
Page:United States Statutes at Large Volume 81.djvu/645

 81 STAT.]

611

PUBLIC LAW 90-203-DEC. 15, 1967

SEC. 4. Title IV of the National Housing Act is amended by adding the following new section at the end: "SEC. 410. (a) An insured institution may not— " (1) deal in lottery tickets; "(2) deal in bets used as a means or substitute for participation in a lottery; "(3) announce, adA^ertise, or publicize the existence of any lottery; "(4) announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery. " (b) An insured institution may not permit— "(1) the use of any part of any of its own offices by any person for any purpose forbidden to the institution under subsection (a), or " (2) direct access by the public from any of its own offices to any premises used by any person for any purpose forbidden to the institution under subsection (a). "(c) As used in this section— "(1) The term 'deal in' includes making, taking, buying, selling, redeeming, or collecting. "(2) The term ^lottery' includes any arrangement whereby three or more persons (the 'participants') advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the 'winners') will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes— " ^ A) a random selection; " (B) a game, race, or contest; or " (C) any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner. "(3) The term 'lottery ticket' includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery. " (d) Nothing contained in this section prohibits an insured institution from accepting funds from, or performing any lawful services for, a State operating a lottery, or an officer or employee of that State who is charged with the administration of the lottery. "(e) The Federal Home Loan Bank Board shall prescribe such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof." SEC. 0. (a) Chapter 61 of title 18 of the United States Code is amended by adding the following new section at the end: "§1306. Participation by financial institutions "Whoever knowingly violates section 5136A of the Revised Statutes of the United States, section 9A of the Federal Reserve Act, section 20 of the Federal Deposit Insurance Act, or section 410 of the National Housing Act shall be fined not more than $1,000 or imprisoned not more than one year, or both." (b) The table of sections at the beginning of that chapter is amended by adding the following at the end:

National Housing Act, amendment. 48 Stat. 1255. 12 USC 17241730b.

Definitions.

Regulations.

Penalties. 62 Stat. 762. 18 USC 13011305.

''1306. Participation by financial institutions."

SEC. 6. The amendments made by this Act shall take effect on April 1, 1968. Approved December 15, 1967.

Effective date.

�


text:
Page:United States Statutes at Large Volume 81.djvu/646

 6U

PUBLIC LAW 90-204-DEC. 15, 1967

[81 STAT.

Public Law 90-204 December 15, 1967 [S. 2565]

Agriculture, Loan interest r a t e s, removal of l i m i t a t i o n s.

Federal land banks. 39 Stat. 370.

Production credit associations. 69 Stat. 6 6 3.

Banks for cooperatives. 50 Stat. 717; 80 Stat. 334.

AN ACT To amend the Federal Farm Loan Act and the Farm Credit Act of 1933^, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatlvefi of the United /States of America in Congress assembled, That the Federal F a r m I ^ a n Act and the F a r m Credit Act of 1938, as amended, are amended as hereinafter provided to remove the 6 per centum interest rate limitations therein on loans made by Federal land banks and banks for cooperatives; and to permit interest rates on such loans and on loans made by production credit associations to be determined as provided in such Acts of Conji^ress to cover the cost of loan funds and other expenses and reserves so that the lending may continue on a selfsustaining basis. SEC. 2. Section 12 of the Federal Farm I^oan Act, as amended (12 IT.S.O. T7l), relating to loans made by Federal land banks, is amended by substituting "such rate of interest as the board of directors of the bank shall from time to time determine with the approval of the F a r m Credit Administration" for "6 per centum per annum" in paragraph Third thereof and for "6 per centum per annum" in the first and second sentences of paragraph Ninth thereof. SEC. 3. The F a r m Credit Act of 1933, as amended, is amended— (a) by inserting the following sentence between the present first and second sentences of section 23 thereof, relating to loans made by production credit associations (12 U.S.Cl 1131 g): "Such loans shall be made on such terms and conditions, at such rates of interest, and with such security as may be prescribed in such rules and regulations."; and (b) by deleting from each of the second sentences in sections 34 and 41 thereof (12 U.S.C. 1134j and 1134c), relating to loans made by banks for cooperatives, ", but in no case shall the rate of interest exceed 6 per centum per annum on the unpaid principal of a loan". Approved December 15, 1967.

Public Law 90-205 December 15, 1967 [ H. R. 480]

Migratory waterfowl. Wetlands acquisition program, extension. 75 Stat. 8 1 3. Funds, repayment.

AN ACT To amend the Act of October 4, 1961, relating to the acquisition of wetlands for conservation of migratory waterfowl, to extend for an additional eight years the period during which funds may be appropriated under that Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first section of the Act entitled "An Act to promote the conservation of migratory waterfowl by the acquisition of wetlands and other essential waterfowl habitat, and for other purposes", approved October 4, 1961 (16 U.S.C. 715k-3), is amended by striking out "seven-year period" and inserting in lieu thereof "fifteen-year period". (b) Section 3 of such Act of October 4, 1961 (16 U.S.C. 7l5k-5), is amended to read as follow's: "SEC. 3. Funds appropriated pursuant to this Act shall be treated as an advance, without interest, to the migratory bird conservation fund. Such appropriated funds, beginning with fiscal year 1977, shall

�


text:
Page:United States Statutes at Large Volume 81.djvu/647

 81

STAT.]

PUBLIC LAW 90-206-DEC. 16, 1967

613

be repaid to the Treasury out of the migratory bird conservation fund, such repayment shall be made in annual amounts comprising 75 per centum of the monejs accruing annually to such fund. I n the event the full amount authorized by the first section of this Act is appropriated prior to the end of the aforesaid fifteen-year period, the repayment of such funds pursuant to this section shall begin with the next full fiscal year: Provided further, That no land shall be acquired with moneys from the migratory bird conservation fund unless the acquisition thereof has been approved by the Governor of the State or appropriate State agency." Approved December 15, 1967.

Public Law 90-206 AN ACT

To adjust certain postage rates, to adjust the rates of basic compensation for certain oflScers and employees in the Federal Government, and to regulate the mailing of pandering advertisements, and for other purposes.

December 16, 1967 \W

R

7Q771

Be it enacted by the Senate cmd House of Representatives of the P s United States of America in Congress assembled, That this Act may be and o Fteadle rRevenue a l Salcited as the "Postal Revenue and Federal Salary Act of 1967". a"y AcTor/9T7'.' TITLE I—POSTAL RATES FIRST-CLASS M A I L

SEC. 101. (a) Sections 4252 and 4253 of title 39, United States Code, 74 Stat. 664. are amended to read as follows: "§ 4252. Size and weight limits "The maximum size of first-class mail is one hundred inches in length and girth combined and the maximum weight is seventy pounds. " (a) Postage on first-class mail is computed separately on each letter or piece of mail. Except as otherwise provided in this section, the rate of postage on first-class mail weighing thirteen ounces or less is 6 cents for each ounce or fraction of an ounce. " (b) First-class mail weighing more than thirteen ounces shall be mailed at the rates of postage established by section 4303(d) of this title and shall be entitled to the most expeditious handling and trans- ^°s(, p. 614. jiortation practicable. "(c) The rate of postage for each single postal card and for each portion of a double postal card, including the cost of manufacture, and for each post card and the initial portion of each double post card conforming to section 4251(c) of this title is 5 cents. ^^ ^'^t- ^^3" " (d) The rate of postage on business reply mail is the regular rate prescribed in this section, together with an additional charge thereon
 * § 4253. Postage rates on first-class mail

�


text:
Page:United States Statutes at Large Volume 81.djvu/648

 614

74 Stat. 6 6 3.

Repeal.

PUBLIC LAW 90-206-DEC. 16, 1967

[81 STAT.

of 2 cents for each piece weighing two ounces or less and 5 cents for each piece weighing more than two ounces. The postage and charge shall be collected on delivery.". (b) Section 4251(a) of title 39, United States Code, is amended bystriking out "and (4) " and inserting in lieu thereof " (4) bills and statements of account, and (5)". (c) Subsection (d) of section 4251 of title 39, United States Code, relating to the definition of drop letters, is repealed. (d) The table of contents of chapter 59 of title 39, United States Code, is amended by striking out— "4252. Weight limit." and inserting in lieu thereof— "4252. Size and weight limits.". AIRMAIL

74 Stat. 665.

o^'l^.'^^o ^J'^'

SEC. 102. (a) Subsections (a) and (b) of section 4303 of title 39, United States Code, are amended to read as follows: " (a) Except as provided in section 4304 of this title and subsection (b) of this section, the rate of postage on domestic airmail weighing not more than 7 ounces is 10 cents for each ounce or fraction thereof. " (b) The rate of postage on each postal card and post card sent as domestic airmail is 8 cents.". (b) Subsection (d) of section 4303 of title 39, United States Code, is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following: "(1) The rates of postage on air parcel post are based on the eight zones described in section 4553, or prescribed pursuant to section 4558, of this title in accordance with the following tables:

80 Stat. 818, 816.

» "Zones Local 1, 2, and 3 Not over 1 lb. Over 1 lb. but not over IJ^ lbs Over IJ^ lbs. but not over 2 lbs Over 2 lbs. but not over 2\i lbs Over 2)4 lbs. but not over 3 lbs Over 3 lbs. but not over Z\i lbs Over 3 ^ lbs. but not over 4 lbs Over 4 lbs. but not over ^]A lbs Over 4}^ lbs. but not over S lbs

$0.80 .98 1.16 1.40 1.64 1.88 2.12 2.36 2.60

4

$0.80 1.02 1.23 1.48 1.73 1.98 2.23 2.48 2.73

5

$0.80 1.07 1.34 1.62 1.90 2.18 2.46 2.74 3.02

6

$0.80 1.14 1.47 1.79 2.11 2.43 2.75 3.07 3.39

7

$0.80 1.18 1.55 1.91 2.27 2.63 2.99 3.35 3.71

8

$0.80 1.24 1.68 2.08 2.48 2.88 3.28 3.68 4.08

�


text:
Page:United States Statutes at Large Volume 81.djvu/649

 81 STAT. ]

PUBLIC LAW 90-206-DEC. 16, 1967

615

For each pound or fraction of a pound in excess of five pounds in weight, the additional postage is as follows: "Zones Local and zones 1, 2, and 3 Zone 4

Rate $0.48 .50

Zones.

.56

Zone 6 Zone? Zones

.64 .72 .80.";

(2) by deleting paragraph (2); and (3) by striking out in paragraph (5), subparagraphs (B) and (C) and inserting in lieu thereof the following: " (B) second-class publications published once each week or more frequently and featuring principally current news of interest to members of the Armed Forces and the general public which are mailed at or addressed to any such Armed Forces post office (i) in an overseas area designated by the President under section 4169 of this title or (ii) in an isolated, hardship or combat support area overseas, or where adequate surface transportation is not available; and " (C) parcels of any class of mail exceeding five pounds but not exceeding seventy pounds in weight and not exceeding one hundred inches in length and girth combined, including surfacetype official mail, which are mailed at or addressed to any such Armed Forces post office where adequate surface transportation is not available.". (c) Section 4303(f) of title 39, United States Code, is amended by striking out "the Virgin Islands or the Canal Zone" wherever appearing therein and inserting in lieu thereof "or the Virgin Islands". (d) Section 4301(2) of title 39, United States Code, is amended by striking out the word "eight" and inserting in lieu thereof the figure

'^^ s*^*- ^^2. ^° Stat. 1154.

^^ ^'^*' ^^^^•

80 Stat. 1155.

74 Stat. 664.

SECOND-CLASS M A I L PREFERRED RATES

SEC. 103. (a) Section 4358 of title 39, United States Code, is amended— (1) by striking out subsection (a) and inserting in lieu thereof the following:

^e Stat. 832.

�


text:
Page:United States Statutes at Large Volume 81.djvu/650

 616

PUBLIC LAW 90-206-DEC. 16, 1967

[81 STAT.

" (a) Except as provided in subsection (b), the rate of postage on publications admitted as second-class mail when addressed for dehvery within the county in which they are published and entered is as follows: "[In cents] "Mailed during calendar year 1968

Mailed during calendar year 1969

1.3 .2

1.4 .2

Rate per pound. Minimum charge per piece.

74 Stat. 669.

Mailed after Dec. 31, 1969 1.5 .2.";

(2) by adding at the end thereof the following: " (d)(1) Except as provided in paragraph (2), the rates of postage Q^ publications mailed in accordance with section 4359(a) of this title, of qualified nonprofit organizations, are as follows: "[In cents)

"During calendar year 1968

During calendar year 1969

During calendar year 1970

During calendar year 1971

During calendar year 1972

Rate per pound: Advertising portion: Zones land 2

2.35

Zone 3 Zone 4

2.55 2.95

Zone 5

3.35

2.9 3.3 4.1 4.9 5.2 5.2 5.2 2.0 .15

3.45 4.05 5.25 6.45 6.9 6.9 6.9 2.1 .2

4.0 4.8 6.4 8.0 8.6 8.6 8.6 2.1 .2

4.55 5.55 7.55 9.55 10.3 10.3 10.3 2.1 .2

Zone 6 Zone? Zones Nonadvertising portion Minimum charge per piece

post, p. 617.

3.5 3.5 3.5 1.9 . 13

During calendar year 1973 and thereafter

5.1 6.3 8.7 11.1 12.0 12.0 12.0 2.1 .2

"(2) The postage on an issue of a publication referred to in paragraph (1), the advertising portion of which does not exceed 10 per centum of such issue, shall be computed without regard to the rates applicable to the advertising portion prescribed in such paragraph. "(e) The postage on classroom publications, mailed in accordance with section 4359(a) of this title, is 60 per centum of the postage computed in accordance with section 4359(b) of this title. " (f) The postage shall be 4.2 cents per pound on the advertising portion of publications (1) which are mailed for delivery in zones 1 and 2 in accordance with section 4359(a) of this title, (2) which are devoted to promoting the science of agriculture, and (3^ when the total number of copies of the publications furnished during any twelvemonth period to subscribers residing in rural areas consists of at least 70 per centum of the total number of copies distributed by any means for any purpose. " (g) I n lieu of the minimum charge per piece prescribed by section 4359(b) of this title, the minimum charge pter piece for publications (other than publications to which subsections (d) and (e) of this section are applicable), when fewer than five thousand copies are mailed outside the county of publication, is 0.6 cent per piece when mailed during the calendar year 1968, 0.7 cent per piece when mailed during the calendar year 1969, and 0.8 cent per piece when mailed thereafter. " (h) The publisher of a classroom publication, of a publication referred to in subsection (f) of this section, or of a publication of a nonprofit organization, before being entitled to the rates for the publications, shall furnish such proof of qualifications as the Postmaster General prescribes.

�


text:
Page:United States Statutes at Large Volume 81.djvu/651

 81 STAT. ]

PUBLIC LAW 90-206-DEC. 16, 1967

617

" (i) For the purposes of the application of this section with respect to each publication having original entry at an independent incorporated city, an incorporated city which is situated entirely within a county, or which is situated contiguous to one or more counties in the same State, but which is politically independent of such county or counties, shall be considered to be within and a part of the county with which it is principally contiguous. "(j)

A s used in this section

Definitions.

"(1) 'classroom publication' means a religious, educational, or scientific publication entered as second-class mail and designed specifically for use in classrooms or in religious instruction classes; "(2) 'a publication of a qualified nonprofit organization' means a publication published by and in the interest of one of the following types of organizations or associations if it is not organized for profit and none of its net income inures to the benefit of any private stockholder or individual: Religious, educational, scientific, philanthropic, agricultural, labor, veterans', fraternal, and associations of rural electric cooperatives, program announcements or guides published by an educational radio or television agency of a State or political subdivision thereof or by a nonprofit educational radio or television station, and not to exceed one publication published by the official highway or development agency of a State which meets all of the requirements of section 4354 and 74 Stat. 666. which contains no advertising; " (3) 'zones' means the eight zones described in section 4553, or prescribed pursuant to section 4558, of this title."; and so^stat^^sis^^' (3) by amending the section heading to read as follows: 8i6. ^ * "§ 4358. Rates of postage; preferred". (b) The table of contents of chapter 63 of title 39, United States Code, is amended by striking out— "4358. Postage rates within county of publication." and inserting in lieu thereof— "4358. Rates of postage; preferred.". SECOND-CLASS

MAIL

REGULAR

RATES

SEC. 104. (a) Section 4359 of title 39, United States Code, is amended— (1) by striking out subsections (b), (c), (d), and (e) and inserting in lieu thereof the following: " (b) Except as otherwise provided in this section and section 4358 of this title, the rates of postage on publications mailed in accordance with subsection (a) are as follows: "(In cents] "Mailed during calendar year 1968 Rate per pound: Advertising portion: Zones 1 and 2 Zone 3 Zone 4 Zone 5. Zone 6 Zone 7 Zones.. Nonadvertising portion Minimum charge per piece

Mailed during calendar year 1969

Mailed after Dec. 31, 1969

4.6 5.7 7.8 9.9 12.0 12.8 15.0 3.0 1.1

4.9 6.0 8.3 10.5 12.8 13.7 16.0 3.2 1.2

5.2 6.4 8.8 11.1 13.6 14.5 17.0 3.4 1.3.

^^ ^'^'- "^•

�


text:
Page:United States Statutes at Large Volume 81.djvu/652

 618 Ante ^^^^^xT'

72 Stat. 763.

•^•zones.'*^^ 74 Stat. 674 80 Stat. 816

PUBLIC LAW 90-206-DEC. 16, 1967

[81 STAT.

" (^) ^ ^ ^ ^^^® purpose of this section and section 4358 of this title, the portion of a publication devoted to advertisements shall include all advertisements inserted in the publication and attached permanently thereto. " (d)(1) Publications mailed in accordance with subsection (a), upon request by the publisher or news agent, may be transported by air on a space-available basis, on scheduled United States air carriers at rates fixed and determined by the Civil Aeronautics Board in accordance with section 406 of the Federal Aviation Act of 1958 (49 U.S.C. 1376). The Postmaster General may authorize the transportation of publications by air pursuant to this subsection only when such transportation does not impede the transportation of airmail, air parcel post, or air transportation of first-class mail on a space-available basis. "(2) The Postmaster General shall prescribe from time to time charges to be collected for matter transported by air pursuant to this section. The charges— " (A) shall be in addition to the payment of lawfully required postage; " (B) may not be adjusted more frequently than once every two years; and " (C) when prescribed or adjusted, shall equal, as nearly as practicable, the amount by which the allocated cost incurred by the Department for the delivery of such matter by air is in excess of the allocated cost which would have been incurred by the Department had such matter been delivered by surface transportation, but the total of such charges and the lawfully required postage shall not be less than 4 cents per piece. "(^) ^ s used iu this section the term 'zones' means the eight zones described in section 4553, or prescribed pursuant to section 4558, of this title."; and (2) by amending the section heading to read as follows: "§ 4359. Rates of postage; regular'*. (b) The table of contents of chapter 63 of title 39, United States Code, is amended by striking out— "4359. Po.«tage r a t e s beyond county of publication."

and inserting in lieu thereof— "4359. R a t e s of postage; regular.". 74 Stat. 670.

76 Stat. 1144.

(c) Subsection (b) of section 4365 of title 39, United States Code, is amended by striking out "bills,". (^j) Section 4369(a)(4) of title 39, United States Code, is amended by striking out ": Provided, however, That trade publications serving the performing arts need only to furnish such information to the Postmaster General". SECOND-CLASS T R A N S I E N T

74 Stat. 670.

gjjc. 105. Section 4362 of title 39, United States Code, is amended by striking out "four cents" and inserting in lieu thereof "5 cents". CONTROLLED CIRCULATION

74 Stat. 672.

MAIL

PUBLICATIONS

gj,c. 106. Section 4422 of title 39, United States Code, is amended to read as follows: "§ 4422. Rates of postage "The rates of postage on controlled circulation publications found by the Postmaster General to meet the definition contained in section

�


text:
Page:United States Statutes at Large Volume 81.djvu/653

 81 STAT. ]

PUBLIC LAW 90-206-DEC. 16, 1967

619

4421 of this title when mailed in the manner prescribed by the Postmaster General are as follows:

'''* ^*^*- ^^2-

"II n cents) "Mailed during calendar year 1968 Rate per pound Minimum charge per piece

Mailed during calendar year 1969

14.0 1.9

14.5 2.9

-

Mailed after Dec. 31, 1969 15.0 3.8".

THIRD-CLASS M A I L

SEC. 107. (a) Subsections (a) and (b) of section 4452 of title 39, United States Code, are amended to read as follows: " (a) Except as otherwise provided in this section, the postage rates of third-class mail are as follows:

76 Stat. 834.

Rates "Type of mailing

(2) Bulk mailings under subsection (e) of this section of— (A) Books and catalogs of 24 pages or more, seeds, cuttings, bulbs, roots, scions, and plants. (B) Other matter.-(C) Minimum charge of -

Mailed after June 30, 1969

Cents 6.0 2.0

(1) Individual piece,--

Mailed during calendar year 1968

Unit

Cents 6.0 2.0

First 2 ounces or fraction thereof. Each additional ounce or fraction thereof.

16.0

16.0

Each pound or fraction thereof.

22.0 3.6

22.0 4.0

Do. Per piece.

After June 30, 1969, in lieu of the minimum charge per piece specified in the foregoing table, a person who mails for himself, or on whose behalf there is a mailing, under subsection (e) of this section, shall pay a minimum charge per piece of 3.8 cents on the first 250,000 pieces mailed during a year. For such purpose, the number of pieces mailed during a year shall be the aggregate of the pieces mailed under item (2)(A), (B), and (C) of the above table. " (b) Matter mailed in bulk under subsection (e) by qualified nonprofit organizations is subject to a minimum charge for each piece equal to 40 per centum of the minimum charge per piece provided in the table under subsection (a), rounded off to the nearest one-tenth cent.". (b) Subsection (b) of section 4451 of title 39, United States Code, relating to mailing certain bills and statements of account as thirdclass mail, is repealed.

^4%l\\ ^y^.

SPECIAL RATE TOURTH-CLASS M A I L

SEC. 108. (a) Section 4554 of title 39, United States Code, is amended— (1) by amending so much of subsection (a) as precedes subparagraph (3) thereof to read as follows: " (a) Except as provided in subsection (b) of this section, the postage rate is 12 cents for the first pound or fraction thereof and 6 cents for each additional pound or fraction thereof, except that the rate now or hereafter prescribed for third- or fourth-class matter shall apply in every case where such rate is lower than the rate prescribed in this subsection on— "(1) books, including books issued to supplement other books, consisting wholly of reading matter or scholarly bibliography or

^e Stat. 44s.

�