::^^^f^f2f'&*^iv^.-;. 
 
 / 
 
 S. A I. Order 361) 
 
 iMued December 3. 193A 
 
 Order Regulating the Handling of Anti-Hog^Cliolera 
 Serum and Hog-'Cholera Virxis 
 
 and 
 
 Approved Marketing Agreement for Handlers 
 
 of Anti-Hog^Cholera Serum and 
 
 Hog-Cholera Virus 
 
 Effective December 7, 1936 
 
;•.•,•:&; 
 
(B. A. I. Order 361) 
 
 UNITED STATES DEPARTMENT OF AGRICULTURE 
 BUREAU OF ANIMAL INDUSTRY 
 
 Order Regulating the Handling of Anti-Hog-Cholera 
 
 Serum and Hog-Cholera Virus 
 
 and 
 
 Approved Marketing Agreement for Handlers 
 
 of Anti-Hog-Cholera Serum and 
 
 Hog-Cholera Virus 
 
 Issued by the Secretary of Agriculture December 2, 1936 
 Effective December 7. 1936 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON : 1937 
 
(B. A. I. Order 3G1) 
 
 United States Department of Agriculture 
 
 BUREAU OF ANIMAL INDUSTRY 
 
 ORDER REGULATING THE HANDLING OF ANTIHOG- 
 CHOLERA SERUM AND HOG-CHOLERA VIRUS 
 
 Whereas, Section 57, 49 Stat. 750, approved August 24, 1935 (here- 
 inafter called the Act), provides as follows: 
 
 111 order to effectuate the policy declared in section 56 of this Act the Secre- 
 tary of Agriculture shall have the power, after due notice and opportunity for 
 hearing, to enter into marketing agreements with manufacturers and others- 
 engaged in the handling of anti-hog-cholera serum and hog-cholera virus only 
 with respect to such handling as is in the current of interstate or foreign com- 
 merce or which directly burdens, obstructs, or affects interstate or foreign 
 commerce in such serum and virus. Such persons are hereafter in this Act 
 referred to as "handlers." The making of any such agreement shall not be 
 held to be in violation of any of the antitrust laws of the United States, and 
 any such agreement shall be deemed to be lawful. 
 
 and 
 
 Whereas, Section 59 of the Act provides as follows : 
 
 Whenever all the handlers of not less than 75 per centum of the volume of 
 anti-hog-cholera serum and hog-cholera virus which is handled in the current 
 of interstate or foreign commerce, or so as directly to burden, obstruct, or affect 
 interstate or foreign commerce, have signed a marketing agreement entered 
 into with the Secretary of Agriculture pursuant to section 57 of this Act, the 
 Secretary of Agriculture shall issue an order which shall regulate only such 
 handling in the same manner as, and contain only such terms and conditions 
 as are contained in such marketing agreement, and shall from time to time 
 amend such order in conformance with amendments to such marketing agree- 
 ment. Such order shall terminate upon termination of such marketing agree- 
 ment as provided in such marketing agreement. 
 
 and 
 
 Whereas, the Secretary of Agriculture, having reason to believe 
 that a marketing agreement and an order with respect to the han- 
 dling of anti-hog-cholera serum and hog-cholera virus would tend to 
 effectuate the declared policy of Congress contained in section 56 of 
 the Act, to insure the maintenance of an adequate supply of anti-hog- 
 cholera serum and hog-cholera virus by regulating the marketing of 
 such serum and virus in interstate and foreign commerce and to pre- 
 vent undue and excessive fluctuations and unfair methods of com- 
 petition and unfair trade practices in such marketing, did, pursuant 
 to the provisions of the Act, on December 28, 1935, give notice of a 
 public hearing and did cause a public hearing to be held at Omaha, 
 Nebraska, January 13 and 14, 1936, at which time and place all 
 interested parties were accorded an opportunity to be heard on a 
 proposed marketing agreement and a proposed order regulating the 
 handling of anti-hog-cholera serum and hog-cholera virus; and 
 
 (1) 
 
W/i(/ra.s, the SiHi-etary of A<^riciilture finds upon evidence intro- 
 duced at the said hearing and the record thereof: 
 
 (1) That not less than 75 per centum of the anti-hog:-cholera 
 serum and lio<;-cliolera virus prochiced in the United States enters 
 into (lie current of interstate and f<)rei<j:n connnerce; 
 
 (2) That the re<^uhition of the market in;r of anti-ho<r-cholera 
 serum and ho<;:-ch()h'ra virus by the marketing agreement and order 
 >vill tend to insure tlie maintenance of an adecpuite supi)ly of anti- 
 liog-chokM-a serum and liog-cholera virus and to prevent undue and 
 excessive fluctuations and unfair methods of competition and unfair 
 tra(K» practices in sucli marketing; 
 
 (J^) That tlie control agency is a ])roper agency to administer 
 the marketing agieement and order and that the powers granted to 
 and duties specified for such control agency are necessary for the 
 administration of the marketing agreement and order and conform 
 to the piovisions of paragraph (C) of subsection (7) of Section 8c 
 of the Agricultural Adjustment Act, as amended; 
 
 (4) That the exjxMises which will necessarily be incurred by the 
 control agency during the remainder of the calendar year of 1936 
 for the maintenance and functioning of said agency will be approxi- 
 nuitely Twelve Hundred Fifty ($1250) Dollars; that such ex])enses 
 are fair and reasomible; that the i)ro rata share thereof of each 
 manufacturing handler in the amount of Two Dollars & Fifty Cents 
 ($2.50) for each million cubic centimeters (determined by the nearest 
 Avhole number) of hyperimmune blood collected by such handlers 
 during the preceding calendar year is fair and reasonable and is 
 a])pr()ved; and that the pro rata share thereof of each distributor- 
 handler of the total amount of One Hundred ($100) Dollars expended 
 in defraying the expenses of the two members of the control agency 
 representing such handlers (approximately Eighty-four (84^) Cents 
 for each million cubic centimeters determined by the nearest whole 
 number and based upon each handler's percentage of the total of 
 serum nuirketed by such handlers during the preceding calendar 
 year, is fair and reasonable and is approved ; 
 
 (5) That the reports required of handlers by the marketing agree- 
 ment and order are reasonably necessary for the proper administra- 
 tion of the marketing agreement and order ; and 
 
 Whejr.as^ the Secretary of Agriculture finds that the marketing 
 agreement regulating the handling of anti-hog-cholera serum and 
 hog-cholera virus, executed by him on the 2nd day of December 
 19;JG. entered into pursuant to section 57 of the Act, has been signed 
 by all the handlers of not less than 75 per centum of the volume of 
 aiiti-hog-cholera serum and hog-cholera virus which was handled in 
 the current of interstate or foreign commerce, or so as directly to 
 burden, obstruct, or affect interstate or foreign commerce during the 
 calendar year 1935, which the Secretary determines to be a repre- 
 sentative period; 
 
 Now, TiiEREFOKE, the Secretary of Agriculture, pursuant to the au- 
 thority vested in liim by the Act. hereby orders that such handling 
 of ant:i-hog-cholera serum and hog-cholera virus as is in the current 
 of interstate or foreign commerce, or which directly burdens, ob- 
 structs, or affects interstate or foreign connnerce in such serum and 
 
vims, shall from the effective date hereof be in conformity to, and 
 in compliance with, the following terms and conditions: 
 
 ARTICLE I— DEFINITIONS 
 
 Section 1. Deftnition of terms. — As used in this order, the follow- 
 ing terms have the following meanings : 
 
 1. "Secretary" means the Secretary of Agriculture of the United 
 States. 
 
 2. ''Act" means the act to amend the Agricultural Adjustment 
 Act. and for other purposes Public No. 320, approved by the Presi- 
 dent August 24, 1935. 
 
 3. "Person" means individual, partnership, corporation, associa- 
 tion, or any other business unit. 
 
 4. "Serum" and "virus" means anti-hog-cholera serum and hog- 
 cholera virus, respectively, products used in the immunization of 
 swine against hog cholera, manufactured and marketed in compliance 
 with standards and regulations, promulgated by the United States 
 Department of Agriculture, and serum and virus manufactured in a 
 similar manner and for an identical purpose under license or au- 
 thority of any State or otherwise, and marketed in interstate and 
 foreign commerce or so as directly to burden, obstruct, or affect 
 interstate or foreign commerce. 
 
 5. "Handler" means any person who is engaged in the handling 
 of anti-hog-cholera serum and hog-cholera virus in the current of 
 interstate or foreign commerce, or so as directly to burden, obstruct, 
 or affect interstate or foreign commerce. 
 
 6. "To handle" means to sell for shipment in, to ship in, or in any 
 way to put into the channels of trade in the current of interstate 
 or foreign commerce, or so as directly to burden, obstruct, or affect 
 interstate or foreign commerce. 
 
 7. "To market" means t o consign or to sell or in any other manner 
 transfer or convey title to, or any interest in, serum and/or virus in 
 interstate or foreign commerce or so as to directly burden, obstruct, 
 or affect interstate or foreign commerce, or to enter into any contract 
 or arrangement to do or have done any of the said acts. 
 
 8. "Wholesaler" means tliat class of buyers comprising persons or 
 agencies who do not administer serum and virus but are regularly 
 engaged in purchasing and maintaining stocks of serum and virus 
 in sufficient quantities to supply dealer demand, who are properly 
 located and equipped with proper storage and distributing facilities 
 to supply dealer demand, who resell principally to dealers, and who 
 shall have been found by the control agency on submitted evidence 
 acceptable to said control agency to perform in good faith the usual 
 functions of a wholesaler, including, but without limitation, the 
 absorbing of all expenses incidental to the advertising, transporta- 
 tion, and selling of serum and virus, after receipt by them, to other 
 trade groups, together with the furnishing of field or veterinary 
 service necessary to determine whether the products sold have served 
 their purpose in specific cases. 
 
 9. "Dealer" means that class of buyers comprising veterinarians 
 and other persons regularly engaged in administering serum and 
 
virus for service clmr«2:es, dni«^ stores, county farm bureaus, j)ur- 
 chascrs of serum for use in U. S. licensed stock yards vaccination, 
 and agencies who maintain stocks of serum and virus in sufficient 
 quantities under proper stora<re and distributive facilities for resale 
 to ultimate consumers (owners of swine). 
 
 10. "Volume contract i>urchaser" means that class or classes of 
 buyers ('()mprisin<r persons or a^rencies who re<rularly i)urchase, for 
 delivery within a definite ])eriod of time, serum and virus in speci- 
 fied amounts, adecpiate, in the opinion of the (•(•ntroi apency, to justify 
 such special i-la?^sification. 
 
 11. ''Mann fact ui-er" or "producer'' means any pei-son wlio manu- 
 factures or produces and is en^a<>:ed in the handlin<r or distribution 
 of serum and virus in the current of interstate or foi-ei^i com- 
 merce, or so as directly to Inirden, obstruct, or affect interstate or 
 forei<rn connnerce. 
 
 12. ''Distributor" means any ])erson who does not mamifacture 
 serum and/or virus, but is eniraired in the handling or disti'ibution 
 of serum and/or virus in the current of interstate or foreiofn com- 
 merce, or so as directly to burden, obstruct, or affect interstate or 
 forei<rn commerce. 
 
 18. "Control a^rency" means the a^i^ency established pursuant to 
 article II of this order. 
 
 14. "Books and records" means any books, pai)ers, records, copies 
 of income tax reports, accounts, correspondence, contracts, documents, 
 memoranda, or other data pertaining to the business of the person in 
 question. 
 
 15. "Subsidiary" means any person, of or over whom or which a 
 handler or an affiliate of a handler has, or several handlers collectively 
 have, either directly or indirectly, actual or legal control, whether by 
 stock ownerslii]) or in any other manner. 
 
 16. "Affiliate" means any person and /or subsidiary thereof, who 
 or which has, either directly or indirectly, actual or legal control of 
 or over a handler, whether by stock ownership or in an}- other 
 manner. 
 
 ARTICLE II— CONTROL AGENCY 
 
 Sectiox 1. Memhership and orga)uzatwn. — 1. A control agency is 
 hereby established consisting of twelve (12) meml)ers. The original 
 members and their respective alternates shall be as follows : 
 
 To represent manufacturers marketing their product?; principally through 
 veterinnrians : 
 
 1. E. A. Cnhill. alternate A. E. Bott. 
 
 2. G. M. \Villiams. .ilternate John Guilfoil. 
 
 3. G. G. Graham, alternate C. J. Norden. 
 
 4. Dean Corsa, alternate E. P. Maxwell. 
 
 5. R. M. Young, alternate H. J. Shore. 
 
 To represent manufacturers marketing their products principally througti 
 other channels : 
 
 6. W. J. Kennedy, alternate J. H. Williams. 
 
 7. John E. Sw.iim, alternate Myron Miller. 
 
 8. Frank IT. Jones, alternate Fred Toler. 
 0. T. B. Huff, alternate L. R. Smith. 
 
 10. \V. (J. I'eters, alternate J. L. Robin.son. 
 
 To represent distributors marketing their products principally through 
 veterinarians: 
 
 11. Thomas A. Edwards, alternate F. W. Cairy. 
 
To represent distributors marketing their products principally throujjh other 
 channels : 
 
 12. A. H. Adams, alternate F. W. Klusmire. 
 
 who shall hold office for a tenn en(lin<r December 31, 1936, and until 
 their successors are selected and qualified. 
 
 2. The successors to the nuMnl)ers and their respective alternates 
 named herein shall be selected by the Secretary annually at least 
 fifteen (15) days prior to the termination of the term of office of their 
 respective predecessors. Such selections shall be made by the Secre- 
 tary from the respective nominees of fjroups hereinafter desio^nated 
 to make nominations. Nominations shall be made on December 1 of 
 each year in the foll()\vin<r manner: The handlers who are manu- 
 facturers marketinor their products principally through veterinarians, 
 as a t^roup, may nominate by inscribinof on a ballot the names of 
 twenty (20) individuals to represent such handlers as members and/or 
 alternates. The handlers who are manufacturers marketing their 
 products principall}^ through other channels, as a group, may nomi- 
 nate by inscribing on a ballot the names of twenty (20) individuals 
 to represent such handlers as members and/or alternates. The hand- 
 lers who are distributors marketing their products principally through 
 veterinarians, as a group, may nominate hj inscribing on a ballot 
 the names of four (4) individuals to represent such handlers as mem- 
 bers and/or alternates. The handlers who are distributors market- 
 ing their products principally through other channels may nominate 
 by inscribing on a ballot the names of four (4) individuals to repre- 
 sent such handlers as members and/or alternates, 
 
 3. Each of the twelve (12) members of the control agency and each 
 of the twelve (12) alternates shall be selected by the Secretary from 
 the individuals in each of the four groups comprising the forty-eight 
 (48) nominees for membership and/or alternates who receive the 
 highest numbers, successively, of votes cast by handlers entitled to 
 vote for nominees in each group. No two (2) individuals from the 
 same partnership, corporation, association, or any other business unit, 
 including agents, affiliates, subsidiaries, and/or representatives 
 thereof, shall be selected for membership in or serve as members of 
 the control agency at the same time. The nominees in each instance 
 shall be nominated by a vote of the handlers who are entitled under 
 the provisions of this order to vote for such nominees. At any elec- 
 tion of nominees each handler shall be entitled to cast one (1) vote 
 on behalf of himself, agents, partners, affiliates, subsidiaries, and/or 
 representatives for each of the members of the control agency and 
 their respective alternates for whom he is entitled to vote. 
 
 4. Members of the control agency and their respective alternates, 
 subsequent to the members herein designated, shall be selected an- 
 nually for a term of one year beginning the first da}^ of January, and 
 shall serve until their respective successors shall be selected and shall 
 qualify. Any individual selected as a member of the control agency 
 or an alternate shall qualify by filing a written acceptance of his 
 appointment with the Secretary or his designated representative. 
 
 5. To fill any vacancy occasioned by the removal, resignation, or 
 disqualification of any member of the control agency or an alternate, 
 a successor for his unexpired term shall be selected by the Secretary 
 from nominees selected by the respective group of handlers in whose 
 
6 
 
 repi-esentation the vacancy lias occurred, such nominees to be de- 
 tcnniiu'd l)y tlio selection hy the proper jLifnnip as sj)ecified in para- 
 ^n-a|)h 2 of this section of two (2) nominees for each vacancy to be 
 filled and selected in the manner specilied in j)ara<rraph 3 of this 
 section. Such sck'ction of nominees shall l>e made within thirty (30) 
 days after such vacancy occurs. If a nomination is not made within 
 such thirty (30) days, the Secretary may select an individual to fill 
 such vacancy. 
 
 6. The members of the control agency shall select a chairman from 
 their membership, and all comnmnications from the Secretary may 
 be addressed to the chairman at such address as may from tmie to 
 time be fik'd with the Secretary. The a<^^Micv shall select such other 
 officei-s and adoi)t such rules not inconsistent with the ])rovisions of 
 this order for the conduct of its business as it may deem advisable. 
 The ao^ency shall jrive to the Secretary or his desi<T:nated aorent the 
 same notice of meetin<xs of the control a<rency as is <riven to members 
 of the agency and their alternates. 
 
 7. A reasonabk' compensation to be determined by the control 
 a<xency, to be paid to the Secretary of the control agency, and the 
 expenses of the members of the control a<rency while en<ra<red in the 
 business of the control a<j:ency, shall be necessary expenses to be 
 incurred by the control agency for its maintenance and functioning 
 under the ])rovisions of article III hereof. 
 
 Sec. z'. Poire rs. — The control agency shall have ])ower: 
 
 (1) To administer, as hereinafter specifically provided, the terms 
 and provisions hereof; 
 
 (2) To make, in accordance with the ]:)rovisions hereinafter con- 
 tained, administrative rules and regulations; 
 
 (3) To receive, investigate, and report to the Secretary of Agricul- 
 ture complaints of violations of this order; and 
 
 (4) To recommend to the Secretary of Agriculture amendments 
 to this order. 
 
 Sec. 3. Duties. — It shall be the duty of the control agency: 
 
 (1) To act as intermediary between the Secretary and any handler; 
 
 (2) To keep minute books and records which will clearly reflect 
 all of its acts and transactions, and such minute books and records 
 shall, at any time, be subject to the examination of the Secretary ; 
 
 (3) To furnish to the Secretary such available information as he 
 may request ; 
 
 (4) To appoint such employees as it may deem necessiiry and to 
 determine the salaries and define the duties of any such employees; 
 
 (5) To establish and/or foster any agency for the purpose of secur- 
 ing new or improved markets for the serum and virus industry 
 through marketing research. The expenses of such expansion or 
 improvement of markets through research shall be a necessary expense 
 incurred by the control agency for its maintenance and functioning, 
 and shall be defrayed by it from funds collected pursuant to article 
 III of this order; and 
 
 (6) To make such disbursements as may be necessary to meet ex- 
 ])enses necessarily incurred by the control agency for its maintenance 
 and functioning under the jjrovisions of this order. 
 
 Sec. 4. Procedure. — 1. All decisions of the control agency except 
 where otherwise specifically provided, shall be by a three-fourths (%) 
 
vote of the members wlio liave qualified by filing their written accept- 
 ance and who are eli<2^ible to vote. 
 
 2. The control a<2:ency niay ])rovide for voting by its members by 
 mail or telegraph upon due notice to all membei-s, and wlien any pro})- 
 osition is submitted for voting by such method, one dissenting vote 
 shall prevent its adoption until submitted to a meeting of the control 
 agency. 
 
 3. The members of the control agency (including altei'nates, suc- 
 cessors, or other persons selected by the Secretary), and any agent 
 or employee aj^pointed or em})loyed by the control agency, shall be 
 subject to removal oi- suspension by the Secretary at any time. Each 
 and every order, regulation, decision, determination, or other act of 
 the control agency, shall be subject to the continuing right of the 
 Secretary to disapprove of the same at any time, and upon such 
 disapproval, shall be deemed null and void except as to acts done in 
 reliance thereon or in compliance therewith. 
 
 4. If a member of the control agency shall be a party in interest 
 to any dispute or complaint, or a representative of such party in 
 interest, he shall, for the ])urpose of the consideration of such dispute 
 or complaint, be disqualified as a member of the control agency. 
 Such disqualification, however, shall not be deemed to create a 
 vacancy in the control agency. 
 
 5. The alternate for each member of the control agency shall have 
 the power to act in the place and stead of such member in his 
 absence and/or in the event of his removal, resignation, or disquali- 
 fication until a successor for such member's unexpired term has been 
 selected. 
 
 6. The control agency, subject to the disapproval of the Secretary, 
 may select an executive committee of not more than four (4) mem- 
 bers who shall be empoAvered to act for the control agency in the 
 routine administration of this order, at such times as the control 
 agency is not meeting and cannot be conveniently convened for the 
 purpose. Any and all acts of the executive committee shall be sub- 
 ject to the approval of the control agency, which shall take action 
 with respect to any act of the executi^^e committee at the next meet- 
 ing of the control agency held immediately follow^ing any action by 
 the executive committee. 
 
 Sec. 5. Funds. — All funds received by the control agency, pur- 
 suant to any provision of this order, shall be used solely for the 
 purpose therein specified and shall be accounted for in the following 
 manner: 
 
 1. The Secretary shall require the control agency and its mem- 
 bers, or alternates acting as members, to account for all receipts and 
 disbursements. 
 
 2. Upon the removal or expiration of the term of office of any 
 member of the control agency, or of an alternate acting as a mem- 
 ber, such member or alternate shall account for all receipts and dis- 
 bursements, and deliver all property and funds in his hands, to- 
 gether wdth all books and records in his possession, to his successor 
 in office, and shall execute such assignments and other instruments 
 as may be necessary or appropriate to vest in such successor full 
 title to all of the property, funds, and/or claims vested in such 
 member or alternate pursuant to this order. 
 
 114474°— 37 2 
 
8 
 
 3. Upon the termination or suspension of this order or of any 
 provision thereof, the funds of the control a<j:ency shall be disposed 
 of in the manner provided in article \'II, section '2, paragraph 4 of 
 this order. 
 
 ARTICLE III— ASSESSMENTS 
 
 Section 1. Ewpenses. — 1. Each liandler shall pay to the ctmtrol 
 agency, upon demand, such handler's pro rata share, as is approved 
 by the Secretary, of the expenses in the amount of $15.()()0 (which 
 amount the Secretary has found will necessai'ily Ix' incurred by the 
 control agency during the year ending December 131, llKilJ), or ex- 
 j)enses in sucli other amount, as the Secret ai'y may later find will 
 necessarily be incurred by the control agency during the said year 
 for the nuiinteiumce and functioning of the control agency during 
 said year, as set forth in this order. 
 
 2. Subseciuent to the year ending December 31, 1936, every handler 
 shall pay the control agency, ui)on demand, such handler's pro rata 
 share, as may be ap})r()ved by tlie Secretary, of such exi^enses as the 
 Secretary may find will necessarily be incurred bv the control agency 
 during any period si)ecified by the Secretary for the maintenance 
 and functioning of the control agency, as set forth in this order. 
 
 Sec. 2. Shares. — 1. The share of such expenses for each handler 
 who is a manufacturer shall be that amount which is paid to the con- 
 trol agency })ursuant to paragraph 4 of this section, and such pro 
 rata share is hereby approved by the Secretary. These assessments 
 may be adjusted, from time to time, by the control agency, with the 
 a})proval of the Secretary, in order to provide funds sufficient in 
 amount to cover any later findings by the Secretary of estimated 
 expenses or the actual expenses of the control agency during the 
 said year. 
 
 2. The share of such expenses for each handler, who is a distributor 
 marketing his products principally through veterinarians, shall be 
 such handler's pro rata share (to be comi)uted by the disinterested 
 agency selected under the provisions of paragraph 4 of this section 
 and shall be based upon such handler's percentage of the total of 
 serum marketed by such handlers during the preceding calendar 
 year) of the total amount expended in defraying the expenses of the 
 two (2) members of tlie control a^fency who have been selected by the 
 Secretary to represent such handlers, pursuant to the provisions of 
 article II. Such i)ro rata share of expenses shall be subject to the 
 approval of the Secretary. These assessments may be adjusted, from 
 time to time, by the control agency, with the approval of the Secre- 
 tary, in order to provide funds sufficient in amount to cover any later 
 findings by the Secretary of estinuited expenses or the actual expenses 
 of the control agency during the said year. 
 
 3. The share of such exi)enses for each handler, who is a dis- 
 tributor marketing his j)roilucts principally through other channels, 
 shall be such handler's pro rata share (to be computed by the dis- 
 interested agency selected under the provisions of paragraph 4 of 
 this section and shall be based upon such handler's percentage of the 
 total of serum marketed by such handlers during the preceding 
 calendar year) of the total amount expended in defraying the ex- 
 penses of the two (2) mend>ers of the control agency who have been 
 
selected by the Secretary to represent such luiiuUers, pursuant to tlio 
 provisions of article II. Such pro rata share of expenses shall l)e 
 subject to the approval of the Secretary. These assessments may be 
 adjusted, from time to time, by the control a<>ency, with the a])proval 
 of tlie Secretary, in order to })rovide funds sufficient in amount to 
 cover any later Hndin<i:s by tlie Seci'etary of estimated expenses or 
 (he actual expenses of the conti-ol agency durin<^ the said year. 
 
 4. Within five (5) days after this order becomes effective, and on 
 January 15 of each year thereafter, while this order is effective, each 
 manufacturer who is a handler shall furnish the Secretary, throu<^h 
 a disinterested agency, to be selected by the control agency and 
 approved by the Secretary, a report which shall be sworn to and 
 which shall set forth the amount of hyperimmiuie blood which has 
 been collected by such handler during the preceding calendar year, 
 and each distributor who is a handler shall furnish the Secretary, 
 through such disinterested agency, a report whicli shall be sworn to 
 and which shall set forth the amount of serum marketed by such 
 handler during the preceding calendar year. The control agency 
 shall inform the disinterested agency concerning the total amount 
 of expenses to be paid by handlers wdio are manufacturers and by 
 handlers who are distributors. The pro rata share of expenses to be 
 paid by each manufacturer who is a handler shall be based upon 
 such handler's percentage of the total amount of hyperimmune blood 
 which has been collected by such handlers during the preceding 
 calendar year. During the calendar year 1936, each manufacturer 
 who is a handler shall pay the control agency thirty (30) dollars 
 with respect to each million cubic centimeters (determined by the 
 nearest whole number) of hyperimmune blood collected by such 
 handler during the preceding calendar year, as determined by the 
 reports submitted pursuant to this paragraph. Such payments shall 
 become due in quarterly installments beginning January 1 of each 
 year, and shall be made to the disinterested agency, which shall 
 transmit the total amount received from all handlers to the control 
 agency without disclosing the amount of each payment made by in- 
 dividual handlers. A quarterly report shall be made to the Secretary 
 by such disinterested agency, setting forth the amount of the quar- 
 terly payment made by each handler. Any funds derived from as- 
 sessments or any other source which have not been expended by the 
 control agency at the end of the calendar year shall be carried over 
 by the control agency to be expended during the succeeding calendar 
 year. 
 
 ARTICLE IV— FILING OF PRICES AND TERMS OF SALE FOR SERUM 
 
 AND VIRUS 
 
 Section 1. Open prices. — 1. Each handler shall file with the Sec- 
 retary and the control agency, within ten (10) days after the effective 
 date of this order, a separate list of his selling prices in the United 
 States, including terms of sale and discounts to each class of buyers, 
 as defined in this order or under the provisions thereof, other than 
 those specified in section 2 of this article. All filed prices to dealers 
 and wholesalers shall be on a delivered basis where the amount sold 
 is 3,000 cc or more. Each handler's prices, discounts, and terms of 
 
10 
 
 sah' sliall be uiiifonn for all ))iiyers in each classification of tlie trade 
 as (leliiied by the control a<i:ency pursuant to this order. 
 
 2. The price list for each class of buyers filed by a handler may, 
 subject to the limitations set forth in i)ara<rraph 3 of this section, 
 be modified at any time by such handler by filin<jj for any class of 
 buyers a new or amended list of prices. includin<r discounts and terms 
 of sale, which sliall oidy become elfective when said new or amended 
 list shall have been on file for three (3) days in any oflice desi<rnated 
 by the control a<j^ency : Pror'tiled, hoircvei\ Th;it in the event such 
 list is mailed by re<;istered letter or tele<rrai)hed to such office, it shall 
 be deemed to have been filed either (a) at the time durin<r usual busi- 
 ness hours it is actually delivered in such office, or (b) at the time 
 durin<j^ usual business liours such conmiunication would have been 
 received, considerin<r the usual time required for the means of com- 
 nuinication used, in the absence of delays in transit, whichever time 
 is the earlier. 
 
 3. Each handler shall make no sales uidess he has an elfective 
 price list, including discounts and terms of sale as set forth in ])ara- 
 grai)h 1 of this section, filed with the control agency, and that after 
 any such price list or amended price list becomes effective, he shall 
 make no sales at prices, discounts or terms of sale different from those 
 set forth in his latest effective list, and shall file no new or amended 
 price list until his most recently filed price list for any class of buyers 
 becomes effective: ProrUled^ hoicei^er^ no handler shall withdraw any 
 filing of a price list prior to the effective date of such price list. 
 
 4. The control agency shall immediately upon receipt of any such 
 new or amended price list, give written notice thereof to each of the 
 handlers and to the Secretary. All price lists shall be made innnedi- 
 ately available to the daily and trade press and to the consuming 
 public by employing a means of connnunication at least as rapid as 
 that used to notify the handlers and the Secretar}'. 
 
 Sec. 2. Exceptions to -filed prices. — 1. The provisions of this order 
 shall not apply to any sales made by any handler for delivery out- 
 side the United States. 
 
 2. If the Secretary has reason to believe, from economic data 
 directly available to him or secured by him under the provisions 
 of the act, that any ];rice list, term of sale or discount, in whole 
 or in part, is inequitable to consumei-s or handlers by reason of the 
 fact that it may cause innnediatc injury by impeding the carrying 
 out of this order or the effectuation of the declared policy of the act 
 or by creating an abuse of the privilege of exem])tions from the 
 antitrust laws, he may suspend the effectiveness of such price list, 
 term of sale or discount, in whole or in part, pending an investiga- 
 tion which shall be completed as soon as practicable, and he shall 
 report such suspension to the control agency, who shall in turn im- 
 mediately notify the handler whose ])rice filing has been suspended. 
 The Secretary may declare a filed price, discount, or term of sale, in 
 whole or in part, to be ineffective if. after an investigation and an 
 opportunity to be heard has been afforded the handler whose price 
 filing is questioned, the Secretary finds from the facts presented 
 duiing such investigation that such price list, term of sale, or dis- 
 count, in whole or in part, is inequitable as measured by the stand- 
 ards set up in this paragraph. 
 
11 
 
 Sec. 3. C/a.s.scs of hui/cis. — The control ;i;;viK'y, siil)jt'ct to the dis- 
 approval of tli-e Secretary, shall upon the basis of a written request 
 supported by ecouoinic data sufiiciently adecjuate to warrant a con- 
 clusion that such definition is jieither unreasonable nor discrimina- 
 tory, deline all classes of buyers not defined in this order, and shall, 
 subject to the disapproval of the Secretary, determine in specific 
 cases whether any person who is a handler or who is about to be- 
 come a handler comes within any class of buyers herein or hereafter 
 defined, and shall compile, subject to the disai)i)roval of the Secre- 
 tary, lists of persons comprising each class of buyers, such lists and 
 additions thereto to be filed immediately with the Secretary and 
 distributed to the handlers. 
 
 Sec. 4. Uniform sales invoices. — The control agency, subject to 
 the disapproval of the Secretary, may formulate and adopt uniform 
 sales invoices for handlers. After the adoption of such uniform 
 sales invoices, all sales of serum and/or virus by handlers to all 
 classes of buyers shall be made in accordance with the terms of such 
 invoices, and prices and terms of sale therein shall conform to the 
 seller's filed prices and terms of sale, effective at the time of making 
 sales covered by such invoices. 
 
 ARTICLE V— UNFAIR METHODS OF COMPETITION AND UNFAIR 
 TRADE PRACTICES 
 
 Section 1. Secret rebates. — 1. The secret payment or allow^ance of 
 rebates, refunds, commissions, or unearned discounts, whether in the 
 form of money or otherwise, or secretly extending to certain pur- 
 chasers special services or privileges, not extended to all purchasers 
 under like terms and conditions, W\t\\ the intent and with the effect 
 of injuring a competitor, and where the effect may be to substan- 
 tially lessen competition or tend to create a monopoly or to unreason- 
 ably restrain trade, is an unfair trade practice, and is prohibited. 
 
 2. To sell other products at less than reasonable market value 
 thereof, for the purpose or with the effect of influencing sales of 
 serum and/or virus, is prohibited. 
 
 Sec. 2. Enticing employees. — Maliciously enticing away the em- 
 ployees of competitors with the purpose and effect of unduly ham- 
 pering, injuring, or embarrassing competitors in their businesses is 
 an unfair trade practice, and is prohibited. 
 
 Sec. 3. Defamation of competitors. — The defamation of competi- 
 tors by falsely imputing to them dishonorable conduct, inability to 
 perform contracts, questionable credit standing, or by other false 
 representation, or the false disparagement of the grade or quality of 
 their serum and/or virus, with the tendency and capacity to mis- 
 lead or deceive purchasers or prospective purchasers, is an U3ifair 
 trade practice, and is prohibited. 
 
 Sec. 4. Sale hy false m^eans. — The sale or offering for sale of any 
 serum and/or virus by any false means or device which has the 
 tendency and capacity to mislead or deceive customers or prospective 
 customers as to the quantity, quality, or substance of such serum 
 and/or virus is an unfair trade practice, and is prohibited. 
 
 Sec. 5. Consignment shipping. — Shipping serum or virus on con- 
 signment, with the intent and with the effect of injuring a competi- 
 tor, and where the effect may be to substantially lessen competition 
 
or tend to create a monopoly or to unreasonably restrain trade, is 
 an unfair trade practice, and is proliibited. 
 
 Skc. G. False inroic'nig. — Withholding^; from or insei-tin<r in the in- 
 voice statements which make the invoice a false record, wholly or in 
 part, of the transaction represented on the face thereof, is prohibited. 
 
 Sec. 7. Misleading adcertLsing. — 1. The nuikin^, causin<r, or j>er- 
 mittin<r to be made, or publishing of any false, untrue, misleading, or 
 deceptive statement, by way of advertisement or otherwise, concern- 
 ing the grade, (juality, (plant ity. charactei-. nature, origin, prepara- 
 tion, or use of serum and virus is an unfair trade pi-actice and is 
 prohibited. 
 
 2. The use by handlers who are distributors of the words "Serum 
 Company", "Serum Laboratories" or other e(piivalent words on letter- 
 heads, signs, advertising matter, and otherwise where such practice 
 tends to mislead and deceive i)urchasers and consumers into belief 
 that such distributor is a manufacturer, where in fact he is not, is 
 prohibited. 
 
 Sec. 8. Emergency refierve. — Each manufacturer who is a handler 
 shall have available on May 1 of each year a supply of completed 
 serum ecjuivalent to not less than forty (40) percentum of his previous 
 year's sales. 
 
 ARTICLE VI— AMENDMENTS 
 
 Section 1. Proposals. — Amendments to tliis order may, from time 
 to time, be proposed by handlers subject hereto or l»y the control 
 agency. 
 
 Sec. 2. 11 earing and amendment. — After due notice and opportunity 
 for hearing and upon determination by the Secretary that the proposed 
 amendment has been incorporated in the nmrketing agreement for 
 iiandlers of anti-hog-cholera serum and hog-cholera virus, executed 
 by the Secretary on the 2nd day of December 1936. the Secretarj^ shall 
 amend this order in conformance with such amendment to the said 
 marketing agreement, and such amendment shall become elTective at 
 such time as the Secretary may designate. 
 
 ARTICLE VII— EFFECTIVE TIME AND TERMINATION 
 
 Sfx:tion 1. Effective time. — This order shall become effective at 
 such time as the Secretary may determine the marketing agreement 
 for handlers of anti-hog-cholera serum and hog-cholera virus, exe- 
 cuted by liim on tlie 2nd day of December 193G. has been executed by 
 all the handlers of seventy-five (75) ])ercent of the vohnne of serum 
 and virus handled during the ])receding marketing year and may 
 declare above his signature attached hereto, and shall contimie in 
 force until terminated in one of the ways hereinafter specified. 
 
 Sec. 2. Termination. — 1. The Secretary may at any time terminate 
 this order as to all parties subject thereto by giving at least seven (7) 
 days' notice by means of a press release or in any other manner which 
 the Secretary may determine. 
 
 2. The Secretary shall terminate this order at the end of the then 
 current marketing ])erio(l (December lU ) whenever he finds that such 
 termination is favoied by all the handlers of not less than seventy- 
 five (75) percent of the volume of serum and virus handled during 
 the preceding marketing period. 
 
13 
 
 3. This order shall in any event terminate whenever the provisions 
 of the act authorizing it cease to be in ett'ect. 
 
 4. Upon the termination or suspension of this order or of any 
 provision thereof, the members of the control agency then function- 
 ing, or such other persons as the Secretary may from time to time 
 designate, shall, if so ordered by the Secretary, licjuidate the business 
 of the control agency under this order, and disposi' of all funds and 
 property then in the possession or under the control of the control 
 agency, together ^vith claims for any funds which are unpaid or 
 property not delivered at the time of such termination. The control 
 agency or such other persons as the Secretary may designate (a) shall 
 continue in such capacity until discharged by the Secretary, (b) shall, 
 from time to time, account for all receipts and disbursements and/or 
 deliver all funds and property on hand, together with the books and 
 records of the control agency, to such person or persons as the Secre- 
 tary shall direct, and (c) shall, upon the request of the Secretary, 
 execute such assignments, or other instruments necessar^^ or appro- 
 priate to vest in such person or persons full title to all the funds, 
 property, and/or claims vested in the control agency pursuant to 
 this order. Any funds collected for expenses, pursuant to the provi- 
 sions of this order, and held by the control agency or such person or 
 persons, over and above the amounts necessary to meet outstanding 
 obligations and the expenses necessarily incurred by the control 
 agency or such person or persons, shall be returned to the contribut- 
 ing handlers in proportion to the contributions of each handler, or 
 shall be expended by the control agency for a purpose not incon- 
 sistent with the provisions of this order and in a manner which the 
 handlers shall determine by a three-fourths {%) vote of such han- 
 dlers. The control agency or such person or persons shall observe the 
 procedure governing the actions of the control agency as established 
 under the provisions of section 4 of article II of this order. Any per- 
 son to whom funds, property, and/or claims have been delivered by 
 the control agency or its members upon direction of the Secretary, as 
 provided in this paragraph, shall be subject to the same obligations 
 and duties with respect to said funds, property, and/or claims as are 
 imposed upon the members of the control agency. 
 
 ARTICLE VIII— DURATION OF IMMUNITIES 
 
 Section 1. Immunities, — The benefits, privileges, and immunities 
 conferred by virtue of this order shall not extend or be construed to 
 extend further than is necessary for the purpose of carrying out the 
 provisions of this order and shall cease upon its termination except 
 with respect to acts done under and during the existence of this 
 order, and benefits, privileges and immunities conferred by this 
 order upon any party subject hereto shall cease upon its termination 
 as to such party, except with respect to acts done under and during 
 the existence of this order. 
 
 ARTICLE IX— AGENTS AND COMMITTEES 
 
 Section 1. Agents. — The Secretary may by designation in writing 
 name any person (not subject to this order), including any officer or 
 employee of the Government or bureau or division c f the Department 
 
14 
 
 of Ajrriculture, to act as liis agent or i*epresentative in connection 
 with any of tlie provisions of this order. 
 
 Sec. 2. CommifteeH. — The Secretary may select such connnittees to 
 meet witli or a(lvis<.» the control a<rency as he deems necessary for 
 (he proper functioning: of tlie control a<j:ency under the })rovisions 
 of this order. One such committee or its representative shall repre- 
 sent the interests of consumers. The expenses for the maintenance 
 and functionin*: of the advisory connnittees may be included within 
 the budtret submitted to the Seci-etary for a])proval. pursuant to 
 section 1 of article III of this order, and may be met by the control 
 agency from funds paid to it iov the maintenance and functioning 
 of the control agency. 
 
 ARTICLE X— DEROGATION 
 
 Section 1. Derogation. — Nothing contained in this order is or shall 
 l>e construed to be in derogation or in modification of the rights 
 of the Secretary or of the United States (1) to exercise any powei*s 
 granted by the act or otherwise, and/or (2) in accordance with such 
 ])()wers, to act in the premises whenever such action is deemed 
 advisable. 
 
 ARTICLE XI— LIABILITY OF CONTROL AGENCY 
 
 Sfxtiox 1. L/<thtUfi/. — Xo member of the control agency nor any 
 em})lovee thereof shall be held responsible individually in any way 
 whatsoever to any handler subject hereto or any other person for 
 errors in judgment, mistakes, or other acts either of commission or 
 omission as such member or employee, except for acts of dishonesty. 
 The contractual obligations of the handlers hereunder are several 
 and not joint, and no handler shall l)e liable for the default of any 
 other handler. 
 
 ARTICLE XII— SEPARABILITY 
 
 Skction 1. Sei>ar(ihf1}fii. — If any jirovision of this order is declared 
 invalid, or the applicability thereof to any person, circumstance, or 
 thing is held invalid, the validity of the remainder of this order, 
 and or the applicability thereof to any other person, circumstance, 
 or thing shall not be affected thereby. 
 
 In witness whereof, the Secretary of Agriculture 
 does hereby execute in duplicate and issue this order 
 in the city of Washington, District of Columbia, on 
 this 2nd day of December 193G, and pursuant to the 
 provisions hereof declares this order to be effective 
 on and after 12:01 a. m., e. s. t., December 7, 1936. 
 
 H. A. Wali^\ce, 
 Secretary of Agriculture. 
 
United States Department of Agriculture 
 
 BUREAU OF ANIMAL INDUSTRY 
 
 APPROVED MARKETING AGREEMENT FOR HANDLERS 
 OF ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA 
 VIRUS 
 
 PURPOSES 
 
 The parties to this agreement are the contracting handlers of anti- 
 hog-cholera serum and hog-cholera virus in the United States and 
 the Secretary of Agriculture of the United States. 
 
 Whe?'eas, it is the declared policy of Congress as set forth in section 
 56 of the act to amend the Agricultural Adjustment Act, and for 
 other purposes Public No. 320, approved by the President August 
 24, 1935, 
 
 to insure the maintenauce of an adequate supply of anti-hog-cliolera serum 
 and hog-cholera virus by regulating the marketing of such serum and virus in 
 interstate and foreign commerce and to prevent undue and excessive fluctua- 
 tions and unfair methods of competition and unfair trade practices in such 
 marketing. 
 
 Whereas, pursuant to the said act, the parties hereto, for the pur- 
 pose of correcting conditions noAv obtaining in the handling of anti- 
 hog-cholera serum and hog-cholera virus in interstate and foreign 
 commerce and to effectuate the declared policy of Congress with 
 respect to such serum and virus, desire to enter into a marketing 
 agreement under the provisions of section 57 of the said act : 
 
 Xow, Therefore, the parties hereto agree as follows : 
 
 ARTICLE I— DEFINITIONS 
 
 Section 1. Definition of terms. — As used in this agreement the 
 following terms have the following meanings : 
 
 1. "Secretary" means the Secretary of Agriculture of the United 
 States. 
 
 2. "Act" means the act to amend the Agricultural Adjustment 
 Act, and for other purposes Public No. 320, approved by the President 
 August 24, 1935. 
 
 3. "Person" means individual, partnership, corporation, association 
 or any other business unit. 
 
 4. "Serum" and "virus" means anti-hog-cholera serum and hog- 
 cholera virus, respectively, products used in the immunization of 
 swine against hog cholera, manufactured and marketed in compliance 
 with standards and regulations, promulgated by the United States 
 Department of Agriculture, and serum and virus manufactured in 
 
 (15) 
 
16 
 
 a similar inannor and for an identical purpose under license or author- 
 ity of any State or otherwise, and marketed in interstate and forei<rn 
 commeire or so as directly to burden, obstruct or affect interstate 
 or forei<rn connnerce. 
 
 ."). "Handler" means any person who is en^ag^ed in tlie handlin*; 
 of anti-ho^-choleia serum and ho<r-cholera virus in the current of 
 interstate or foreign connnerce, or so as directly to burden, obstruct, 
 or allect interstate or forei<rn connnerce. 
 
 C. "To handle" means to sell for shii)ment in. to shij) in, or in any 
 way to put into the channels of trade in the current of interstate or 
 forei;2:n connnerce, or so as directly to burden, obstruct, or affect 
 interstate or forei<::n connnerce. 
 
 7. "To market" means to consi<rn or to sell or in any other manner 
 transfer or convey title to, or any interest in. serum and or virus in 
 interstate or f()rei<rn connnerce or so as to directly burden, obstruct, 
 or aliect interstate or f()rei<]:n connnerce, or to enter into any contract 
 or arran<rement to do or have done any of the said acts. 
 
 8. "Wholesaler" means that class of buyers comi)risin^ pei*sons or 
 agencies who do not administer serum and virus but are re<rnlarly 
 en<ia<re(l in j)urchasin<r and maintainin<r stocks of serum and virus 
 in sulHcient (piantities to supply dealer demand, who are ])ro])erly 
 located an(4 e([uippod with ])roi)er stora<re and distributing: facilities 
 to su[)ply dealer demand, who resell principally to dealers, and who 
 shall have been found by the control afrency on submitted evidence 
 acceptable to said control agency to perform in good faith the usual 
 functions of a wholesaler, including, but witliout limitation, the 
 absorbing of all expenses incidental to the advertising, transporta- 
 tion, and selling of serum and virus, after receipt by them, to other 
 trade groups, together with the furnishing of field or veterinary 
 service necessary to determine whether the products sold have served 
 their purpose in specific cases. 
 
 9. ^'Dealer" means that class of buyers comprising veterinarians 
 and other i)ersons regularly engaged in administering serum and virus 
 for service charges, drug stores, county farm bureaus, purchasers of 
 serimi for use in U. S. Licensed stockyards vaccination, and agencies 
 who maintain stocks of serum and virus in sufficient quantities under 
 proper storage and distributive facilities for resale to ultimate con- 
 sumers (owners of swine). 
 
 10. "Volume contract purchaser" means that class or classes of 
 buyers comprising persons or agencies who regularly purchase, for 
 delivery within a definite period of time, scrum and virus in s])ecified 
 amounts, ade(juate, in the opinion of the control agency, to justify 
 such special classification. 
 
 11. "Manufacturer" or "producer" means any person who manu- 
 factures or produces and is engaged in the handling or distribution 
 of serum and virus in the current of interstate or foreign commerce, 
 or so as directly to burden, obstruct or affect interstate or foreign 
 commerce. 
 
 12. "Distributor" means any person who does not manufacture 
 serum and or virus, but is engaged in the handling or distribution 
 of serum and/or virus in the current of interstate or foreign com- 
 merce, or so as directly to burden, obstruct or affect interstate or 
 foreign connnerce. 
 
17 
 
 13. "Control af^ency" means the agency established pursuant to 
 article II of this a<rreement. 
 
 14. "Books and records" means any books, papers, records, copies 
 of income tax reports, accounts, correspondence, contracts, documents, 
 memoranda, or other data j^ertaining to the business of the person in 
 question. 
 
 15. "Subsidiary" means any person, of or over whom or wliich a 
 handler or an affiliate of a handler has, or several handlers coUec;- 
 tively have, either directly or indirectly, actual or legal control, 
 whether by stock ownership or in any other manner. 
 
 IG. "Affiliate'' means any person and/or subsidiary thereof, who 
 or which has, either directly or indirectly, actual or legal control of 
 or over a handler, whether by stock ownership or in any other 
 manner. 
 
 17. "Agreement" means the marketing agreement entered into by 
 the parties hereto. 
 
 ARTICLE II— CONTROL AGENCY 
 
 Sectiox 1. Membership and organization. — 1. A control agency is 
 hereby established consisting of twelve (12) members. The original 
 members and their respective alternates shall be as follows : 
 
 To represent manufacturers marketing their products principally through vet- 
 erinarians : 
 
 1. E. A. Cahill, alternate A. E. Bott 
 
 2. G. H. Williams, alternate John Guilfoil. 
 
 3. G. G. Graham, alternate C. J. Norden. 
 
 4. Dean Corsa, alternate E. P. Maxwell. 
 
 5. R. M. Young, alternate H. J. Shore. 
 
 To represent manufacturers marketing their products principally through other 
 channels : 
 
 6. W. J. Kennedy, alternate J. H. Williams. 
 
 7. John E. Swaim. alternate Myron Miller. 
 
 8. Frank R. Jones, alternate Fred Toler. 
 
 9. T. B. Huff, alternate L. R. Smith. 
 
 10. W. G. Peters, alternate J. L. Robinson. 
 
 To represent distributors marketing their products principally through vet- 
 erinarians : 
 
 11. Thomas A. Edwards, alternate F. W. Cairy. 
 
 To represent distributors marketing their products principally through other 
 channels : 
 
 12. A. H. Adams, alternate F. W. Klusmire. 
 
 who shall hold office for a term ending December 31, 1936, and until 
 their successors are selected and qualified. 
 
 2. The successors to the members and their respective alternates 
 named herein shall be selected by the Secretary annually at least 
 fifteen (15) days prior to the termination of the term of office of their 
 respective predecessors. Such selections shall be made by t'le Secre- 
 tary from the respective nominees of groups hereinafter designated 
 to make nominations. Xominations shall be made on December 1 of 
 each year in the following manner : The contracting handlers who are 
 manufacturers marketing their products principally through veteri- 
 narians, as a group, may nominate by inscribing on a ballot th.e names 
 of twenty (20) individuals to represent such contracting handlers as 
 members and/or alternates. The contracting handlers who are manu- 
 facturers marketing their products principally through otlier chan- 
 nels, as a group, may nominate by inscribing on a ballot the names of 
 
18 
 
 twenty (20) iiuli\ itlimls to repiesiMit such contract iii<j: lumdlers as 
 niciii!*crs and or alternates. Tlie contract in*; handlers wlio are dis- 
 tributors marketing their ])roducts jirincipally tlirou<rh veterinarians, 
 as a ^roup, may nominate by inscrihin*; on a i)allot tlie names of four 
 (4) individuals to represent such contract injr handlers as members 
 and or alternates. The contractin<r handleis who are distributors 
 market in*: their [)roducts princii)ally throu<zh other channels may 
 nominate by inscribin<r on a ballot the names of four (4) individuals 
 to represent such contiactin<r handleis as members and or alternates. 
 8. Each of the twelve (12) members of the control a<rency and 
 each of the twelve (12) ahernates shall Ix? selected by the Secretary 
 from the individuals in each of the four groups comprising the forty- 
 eight (4cS) nominees for memlx'rship and/or alternates who receive 
 the highest numbeis, successively, of votes cast by contracting han- 
 dlers entitled to vote for nominees in each gioup. No two (2) indi- 
 \iduals from the same partnership, corporation, association or any 
 other l)usiness unit, including agents, aihliales. subsidiaries and/or 
 representatives thereof, shall be selected for membership in or .serve 
 as members of the control agency at the .same time. The nominees in 
 eacli instance .sliall be nominated by a vote of the contracting 
 lumdlers who are entitled under the provisions of this agreement to 
 vote for sucli nominees. At any election of nominees eacli contract- 
 ing handler sluill be entitled to cast one (1) vote on beluilf of him- 
 self, agents, partners, affiliates, su])sidiaries and/or representatives 
 for each of tlie members of the control agency and their respective 
 alternates for whom he is entitled to vote. 
 
 4. Members of the control agency and their respective alternates, 
 subsequent to the members lierein desigiuited, shall l)e selected an- 
 nually for a tei'm of one year beginning the first day of January, 
 and shall serve until their respective successors shall be selected and 
 shall qualify. Any individual selected as a mem])er of the control 
 agency or an alternate shall qualify by filing a written acceptance of 
 his appointment with the Secretary or his designated representative. 
 
 5. To fill any vacancy occasioned by the removal, resignation or 
 disqiuilification of any member of tlie control agency or an alternate, 
 a successor for his unoxj^ired term shall be selected by the Secretary 
 from nominees selected by the respective group of contracting 
 handleis in whose representation the vacancy has occurred, such 
 nominees to be determined by the selection by the proper group as 
 specified in paragraph 2 of this section of two (2) nominees for each 
 vacancy to be filled and selected in the manner specified in para- 
 graph 3 of this section. Such selection of nominees shall be made 
 within thirty (80) days after such vacancy occurs. If a nomina- 
 tion is not made within such thirty (80) days, the Secretary may 
 select an individual to fill such vacancy. 
 
 6. The members of the control agency shall select a chairman from 
 their membership, and all comnninications from the Secretary may 
 be addressed to the chairman at such address as may from time to 
 time be filed with the Secretary. The agency shall select such other 
 officei-s and ado])t such rules not inconsistent with the ])rovisions of 
 his agreement for the conduct of its business as it may deem ad- 
 visable. The agency shall give to the Secretary or his designated 
 agent the same notice of meetings of the control agency as is given 
 to members of the agency and their alternates. 
 
19 
 
 7. A reasoniible c()iiii)ensation to bo determined by tlie control 
 agency, to be paid to the secretary of the control a^iiency, and the 
 expenses of the members of the control a<iency while en<ia<2:ed in 
 the bnsiness of the control agency, shall be necessary expenses to be 
 incnrred by the control a<>:ency for its maintenance and functi()nin<^ 
 under the ])rovisions of article III hereof. 
 
 Sec. 2. Pojrer.^. — The control agency shall have power: 
 
 (1) To administer, as hereinafter specifically provided, the terms 
 and provisions hereof ; 
 
 (2) To make, in accordance with the provisions hereinafter con- 
 tained, administrative rules and regulations; 
 
 (3) To recdve, investigate, and report to the Secretary of Agricul- 
 ture complaints of violations of this agreement; and 
 
 (4) To recommend to the Secretary of Agriculture amendments 
 to this agreement. 
 
 Sec. 3. Duties. — It shall be the duty of the control agency : 
 
 (1) To act as intermediary between the secretary and any con- 
 tracting handler; 
 
 (2) To keep minute books and records which will clearly reflect all 
 of its acts and transactions, and such minute books and records shall, 
 at any time, be subject to the examination of the Secretary ; 
 
 (3) To furnish to the Secretary such available information as he 
 may request; 
 
 (4) To appoint such employees as it may deem necessary and to 
 determine the salaries and define the duties of any such employees ; 
 
 (5) To establish and/or foster any agency for the purpose of 
 securing new or improved markets for the serum and virus industry 
 through marketing research. The expenses of such expansion or im- 
 provement of markets through research shall be a necessary expense 
 incurred by the control agency for its maintenance and functioning, 
 and sliall be defrayed by it from funds collected pursuant to article 
 III of this agreement ; and 
 
 (6) To make such disbursements as may be necessary to meet ex- 
 penses necessarily incurred by the control agency for its maintenance 
 and functioning under the provisions of this agreement. 
 
 Sec. 4. Procedure. — 1. All decisions of the control agency except 
 where otherwise specifically provided, shall be by a three-fourths 
 (?4) "^^ote of the members who have qualified by filing their written 
 acceptance and who are eligible to vote. 
 
 2. The control agency may provide for voting by its members 
 by mail or telegraph upon due notice to all members, and when any 
 proposition is submitted for voting by such method, one dissenting 
 vote shall prevent its adoption until submitted to a meeting of the 
 control agency. 
 
 3. The members of the control agency (including alternates, suc- 
 cessors, or other persons selected by the Secretary), and any agent 
 or employee appointed or employed by the control agency, shall be 
 subject to removal or suspension by the Secretary at any time. Each 
 and every order, regulation, decision, determination, or other act 
 of the control agency, shall be subject to the continuing right of the 
 Secretary to disapprove of the same at any time, and upon such dis- 
 approval, shall be deemed null and void except as to acts done in 
 reliance thereon or in compliance therewith. 
 
20 
 
 4. If a memlKT of the control a^m y shall be a party in interest 
 to any dispute or coni|)laint, or a representative of such party in 
 interest, he shall, for the purposi* of the consideration of such dispute 
 or complaint, be discjualilled as a member of the control a<^ency. Such 
 dis<iualitication, however, ^hall not be deenietl to create a vacancy in 
 the control a<rency. 
 
 5. The alternate for each member of the control agency shall have 
 the power to act in the place and stead of such member in his absence 
 and/or in the event of his removal, resit^nation or discjualitication 
 until a successor for such member's unexpired term has been selected. 
 
 (). The control a»^eni'y, subject to the disapproval of the Secretary, 
 ma}' select an executive conmiittee of not more than four (4) mem- 
 bers who shall be emp(jwered to act for the control agency in the 
 routine administration of this a<rreement, at such times as the control 
 a<rpncy is not meetin<x and cannot be conveniently convened for the 
 purpose. Any and all acts of the executive conimittee shall be subject 
 to the approval of the contnjl a<rency, wliich shall take action with 
 respect to any act of tlie executive connuittee at the next meetin<r of 
 the control a<rency held immediately followin<r any action b\' the 
 executive connnittee. 
 
 Sec. 5. Funds. — All funds received by the control agency, pursuant 
 to an}' provision of this agreement, shall be used solely for the pur- 
 pose therein specified and shall be accounted for in the following 
 manner : 
 
 1. The Secretary shall require the control agency and its members, 
 or alternates acting as members, to account for all receipts and dis- 
 bursements. 
 
 2. Upon the removal or expiration of the tei-m of office of any mem- 
 ber of the control agency, or of an alternate acting as a member, such 
 member or alternate shall account for all receipts and disbursements, 
 and deliver all property and funds in his hands, together with all 
 books and records in his possession, to his successor in oHice, and shall 
 execute such assignments and other instruments as may be necessary 
 or ai)propriate to vest in such successor full title to all of the prop- 
 erty, funds and/or claims vested in such member or alternate pursuant 
 to this agreement. 
 
 3. Upon the termination or susi>ension of this agi*eement or of any 
 provision thereof, the funds of the control agency shall be disposed 
 of in the manner provided in article VII, section 2, paragraph 4 of 
 this agreement. 
 
 ARTICLE III— ASSESSMENTS 
 
 SixTiON 1. Expen-^es. — 1. Each contracting handler shall pay to thd 
 control agency, upon demand, such contracting handler's pro rata 
 share, as is approved by the Secretary, of the ex])enses in the amount 
 of $15,000 (which amount the Secretary has found will necessarily be 
 incurred by the control agency during the year ending December 31, 
 193G), or expenses in sucli other amount, as the Secretary may later 
 find will necessarily be incurred by the control agency during the said 
 year for the maintenance and functioning of the control agency during 
 said year, as set forth in this agreement. 
 
 2. Subsequent to the year ending December 31. 1936. r»very con- 
 tracting handler shall pay the control agency, upon demand, such con- 
 
21 
 
 tract in^ handler's pro rata share, as may he approved hy tlie Secre- 
 tary, of such expenses as the Secretary may find will necessarily he 
 incurred hy the control a<2:ency durin<i: any period specified hy the 
 Secretary for the maintenance and functi()nin<r of tlie control a<i^ency, 
 as set forth in this a<2:reement. 
 
 Sec. 2. /Sha/r.s. — 1. The share of such ex[)enses for each contract- 
 in<2^ handler Avho is a manufacturer sliall he that amount which is 
 paid to the control a<j:ency pursuant to para<rraph 4 of this section, 
 and such pro rata share is herehy approved hy the Secretary. These 
 assessments may be adjusted, from time to time, by the control 
 agency, with the approval of the Secretary, in order to provide funds 
 sufficient in amount to cover any later findings by the Secretary of 
 estimated expenses or the actual expenses of the control agency dur- 
 ing the said year. 
 
 2. The share of such expenses for each contracting handler, who 
 is a distributor marketing his products principally through veteri- 
 narians, shall be such handler's pro rata share (to be computed by 
 the disinterested agency selected under the provisions of paragraph 
 4 of this section and shall be based upon such handler's percentage 
 of the total of serum marketed by such handlers during the preced- 
 ing calendar year) of the total amount expended in defraying the 
 expenses of the two (2) members of the control agency who have 
 been selected by the Secretary to represent such contracting handlers, 
 pursuant to the provisions of article II. Such pro rata share of ex- 
 penses shall be subject to the approval of the Secretary. These 
 assessments may be adjusted, from time to time, by the control 
 agenc}^, with the approval of the Secretary, in order to provide 
 funds sufficient in amount to cover any later findings by the Secre- 
 tary of estimated expenses or the actual expenses of the control 
 agency during the said year. 
 
 3. The share of such expenses for each contracting handler, who 
 is a distributor marketing his products principally through other 
 channels, shall be such handler's pro rata share (to be computed by 
 the disinterested agency selected under the provisions of paragraph 
 4 of this section and shall be based upon such handler's percentage 
 of the total of serum marketed by such handlers during the preced- 
 ing calendar year) of the total amount expended in defraying the 
 expenses of the two (2) members of the control agency who have 
 been selected by the Secretary to represent such contracting handl- 
 ers, pursuant to the provisions of article II. Such pro rata share of 
 expenses shall be subject to the approval of the Secretar}-. These 
 assessments may be adjusted, from time to time, by the control 
 agency, with the approval of the Secretary, in order to provide funds 
 sufficient in amount to cover any later findings by the Secretary of 
 estimated expenses or the actual expenses of the control agency dur- 
 ing the said year. 
 
 4. Within five (5) days after this agreement becomes effective, 
 and on Januar}^ 15 of each year thereafter, while this agreement is 
 effective, each manufacturer who is a contracting handler shall fur- 
 nish the Secretary, through a disinterested agency, to be selected by 
 the control agency and approved by the Secretary, a report which 
 shall be sworn to and which shall set forth the amount of hyper- 
 immune blood which has been collected by such contracting handler 
 
22 
 
 tluiin<r the pret-edin^ cak'iidar year, and each distrihutor wlio is a 
 contiactiii<r handler shall furnish the Secretary, through such disinter- 
 ested a<rt'ncy, a report which shall he sworn to and which shall set 
 fortii the amount of serum marketed hy such contract in<r handler 
 (lurin<r the precedin<j: calendar year. The control a«rency shall inform 
 the disinterested a^^ency concernin<i: the total amount of expenses to 
 be paid hy contractin<; hancUers who are manufacturers and by con- 
 tract in<j: handlers who are distributors. The pro rata share of ex- 
 penses t^) be paid by each mamifacturer who is a contracting handler 
 shall be based ujmn such handler's percentage of the total amount 
 of hyperinnnune blood which has l)een collected by such contracting 
 handlers durin<r the |>recedin<r calendar year. I)urin<^ the calendar 
 year UyM\. eacii manufacturer who is a contracting handler shall pay 
 the control a<xency thirty (30) dollars with resi>ect to each million 
 cubic centimeters (determined by the nearest whole number) of hyjx^r- 
 imnnme blood collected by such contractin<>: handler during the 
 precedin<j: calendar year, as determined by the reports submitted 
 pursuant to this j)ara<j:raph. Sucli payments shall become due in 
 (juarterly installments be<riniiin<r January 1 of each year, and shall 
 be made to the disinterested agency, whicli shall transmit the total 
 amount received from all contracting handlers to the control ajrency 
 without disclosing the amount of each payment made by individual 
 contract in<r handlers. A quarterly report shall be made to the Secre- 
 tary by such disinterested a<j:ency, settin<r forth the amount of the 
 quarterly payment made by each contract in<i handler. Any funds 
 derived from assessments or any other source whicli have not l>een 
 expended by the control agency at the end of the calendar year shall 
 be carried over by the control agency to be expended during the 
 succeeding calendar year. 
 
 ARTICLE IV— FILING OF PRICES AND TERMS OF SALE FOR SERUM 
 
 AND VIRUS 
 
 Section 1. Open prices. — 1. Each contracting handler shall file 
 with the Secretary and the control agency, within ten (10) days after 
 the effective date of this agreement, a separate list of his selling prices 
 in the United States, including terms of sale and discounts to each 
 class of buyers, as defined in this agreement or under the i)rovisions 
 thereof, other than those specified in section 2 of this article. All 
 filed prices to dealers and wholesalers shall be on a delivered basis 
 where the amount sold is 3,000 cc or more. Each contracting handler's 
 prices, discounts and terms of sale shall be uniform for all bu3'ers 
 in each classification of the trade as defined b^^ the control agency 
 pursuant to this agreement. 
 
 2. The })rice list for each class of buyers filed by a contracting 
 handler may. subject to the limitations set forth in paragraph 3 of 
 this section, be modified at any time by such handler by filing for any 
 class of buyers a new or amended list of prices, including discoinits 
 and terms of sale, which shall only become effective when said new or 
 amended list shall have been on file for three (3) days in any office 
 designated by the control agency: Provided, hoirirrr. That in the 
 event such list is mailed by registered letter or telegraphed to such 
 office, it shall be deemed to have been filed either (a) at the time dur- 
 ing usual business hours it is actually delivered in such office, or (b) 
 
23 
 
 at the time during usual business hours such communication wouhl 
 have been received, coiisicUn-ing the usual lime i-equired for (lie means 
 of communication used, in the absence of dehiys in ti'ansit, wliich- 
 ever time is the earlier. 
 
 3. Each contracting handler agrees that he will make no sales 
 unless he has an eft'ective price list, including discounts and terms 
 of sale as set forth in paragi*aph 1 of this section, filed with the con- 
 trol agency, and that after any such price list or amended price list 
 becomes effective, he will make no sales at prices, discounts or terms 
 of sale different from those set forth in his latest effective list and 
 will file no new or amended price list until his most recently filed 
 price list for any class of buyers becomes effective : Provided^ however^ 
 no contracting handler shall withdraw any filing of a price list prior 
 to the effective date of such price list. 
 
 4. The control agency shall immediately upon receipt of any such 
 new or amended price list, give written notice thereof to each of the 
 contracting handlers and to the Secretary. All price lists shall be 
 made inmiediately available to the daily and trade press and to the 
 consuming public b}^ employing a means of communication at least 
 as rapid as that used to notify the contracting handlers and the 
 Secretary. 
 
 Sec. 2. Exceptions to fled f rices. — 1. The provisions of this agree- 
 ment shall not apply to any sales made by any contracting handler 
 for delivery outside the United States. 
 
 2. If the Secretary has reason to believe, from economic data 
 directly available to him or secured by him under the provisions of 
 the act, that any price list, term of sale or discount, in whole or in 
 part, is inequitable to consumers or handlers by reason of the fact that 
 it may cause immediate injury by impeding the carrying out of this 
 agreement or the effectuation of the declared policy of the act or by 
 creating an abuse of the privilege of exemptions from the antitrust 
 laws, he may suspend the effectiveness of such price list, term of 
 sale or discount, in whole or in part, pending an investigation which 
 shall be completed as soon as practicable, and he shall report such 
 suspension to the control agency, who shall in turn immediately notifj^ 
 the handler whose price filing has been suspended. The Secretary 
 may declare a filed price, discount or term of sale, in whole or in part, 
 to be ineffective if, after an investigation and an opportunity to be 
 heard has been afforded the handler whose price filing is questioned, 
 the Secretary finds from the facts presented during such investigation 
 that such price list, term of sale or discount, in whole or in part, is 
 inequitable as measured by the standards set up in this paragraph. 
 
 Sec. 3. Classes of buyers. — The control agency, subject to the dis- 
 approval of the Secretary, shall upon the basis of a written request 
 supported by economic data sufficiently adequate to warrant a conclu- 
 sion that such definition is neither unreasonable nor discriminatory, 
 define all classes of buyers not defined in this agreement, and shall, 
 subject to the disapproval of the Secretary, determine in specific cases 
 whether any person who is a handler or who is about to become a 
 handler comes within any class of buyers herein or hereafter defined, 
 and shall compile, subject to the disapproval of the Secretary, lists 
 of persons comprising each class of buyers, such lists and additions 
 thereto to be filed immediately with the Secretary and distributed to 
 the handlers. 
 
24 
 
 Skc. 4. r?u'form sales invoices. — The control iipcMicv. subject to the 
 disai)[)roval of the Secret arv. may formulate and acloi)t uniform sales 
 invoices for contracting handlers. After the adoption of such uni- 
 form sales invoices, all sales of serum and or virus by contracting 
 handk'rs to all classes of buyers shall be made in accordance with the 
 terms of such invoices, and prices and terms of side theiein shall con- 
 form to the seller's filed prices and terms of sale, effective at the time 
 of making sales covered by sucii invoices. 
 
 ARTICLE V— UNFAIR METHODS OF COMPETITION AND UNFAIR 
 TRADE PRACTICES 
 
 Section 1. Stcret rebates. — 1. The secret payment or allowance 
 of rebates, refunds, commissions, or unearned discounts, whether in 
 the form of money or otherwise, or secretly extendin<r to certain 
 j>urchasers special services or privile<res, not extended to all pur- 
 chasers under like tei-ms and conditions, with the in(ent and with 
 the effect of injurin<r a competitor, and where the effect nuiy be to 
 substantially lessen competition or tend to create a monopoly or to 
 unreasonably restrain trade, is an unfair trade practice, and is 
 prohibited. 
 
 2. To sell other products at less than reasonable market value 
 thereof, for the purpose or with the effect of influencin<j: sales of 
 serum and/or virus, is pr()hi})ited. 
 
 Sec. 2. Enticing employees. — Maliciously eiiticin<i: away the em- 
 ployees of competitors with the purpose and effect of inululy ham- 
 perin«:, injurin<j:, or embarrassing competitors in their businesses is 
 an unfair trade practice, and is prohibited. 
 
 Sec. 3. Defamation of competitors. — The defamation of competi- 
 tors by falsely imputing to tliem dishonorable conduct, inability to 
 perform contracts, ([uestionable credit standing, or by other false 
 representation, or tlie falst disparagement of the grade or quality of 
 their serum and/or virus, with the tendency and capacity to mislead 
 or deceive purchasers or prospective purchasers, is an unfair trade 
 practice, and is prohibited. 
 
 Sec. 4. Sale by false means. — The sale or offering for sale of any 
 serum and/or virus by any false means or device which has the 
 tendency and capacity to mislead or deceive customers or ])rospec- 
 tive customers as to the quantity, quality, or substance of such serum 
 and /or virus is an unfair trade practice, and is prohibited. 
 
 Sec. 5. Consignment shipping. — Shipping serum or virus on con- 
 signment, with the intent and with the effect of injuring a competi- 
 tor, and where the effect may be to substantially lessen competition 
 or tend to create a monopoly or to unreasoiuibly restrain trade, is an 
 unfair trade practice, and is prohibited. 
 
 Sec. G. False invoicing. — Withliolding from or inserting in the 
 invoice statements which nuike the invoice a false record, wholly or 
 in part, of the transaction represented on the face thereof, is 
 prohibited. 
 
 Sec. 7. Misleading advertising. — 1. The making, causing, or per- 
 mitting to be made, or publishing of any false, untrue, misleading, 
 or decei)(ive statement, l)y way of advertisement or otherwise, con- 
 cerning the grade, quality, quantity, character, nature, origin, prepa- 
 
2S 
 
 ration, or use of seniiii and virus is an unfair trade ])raetice and is 
 prohibited. 
 
 2. The use by contracting handlers who are distributors of the words 
 "Serum Company", "Serum Laboratories" or otlier ecjuivalent words 
 on letterheads, signs, advertising matter and otherwise where such 
 practice tends to mislead and deceive purchasers and consumers into 
 belief that such distributor is a manufacturer, where in fact he is not, 
 is ])rohibited. 
 
 Sec. 8. Emergency reserve. — Each manufacturer who is a contract- 
 ing handler shall have available on May 1 of each year a supply of 
 completed serum equivalent to not less than forty (40) percentum 
 of his previous year's sales. 
 
 ARTICLE VI— AMENDMENTS 
 
 Section 1. Proposals. — Amendments to this agreement may, from 
 time to time, be proposed by any party to this agreement or by the 
 control agency. 
 
 Sec. 2. Hearing and approval. — After due notice and opportunity 
 for hearing and upon determination by the Secretary that the pro- 
 posed amendment has been executed by all the handlers of not less 
 than seventy-five (75) percent of the volume of serum and virus 
 handled during the preceding marketing year (January 1-December 
 31). the Secretary may approve such amendment, and it shall become 
 effective at such time as the Secretary may designate. 
 
 ARTICLE VII— EFFECTIVE TIME AND TERMINATION 
 
 Section 1. Effective time. — This agreement shall become effective 
 at such time as the Secretary ma}^ determine it has been executed by 
 all the handlers of seventy-five (75) percent of the volume of serum 
 and virus handled during the preceding marketing year and may 
 declare above his signature attached hereto, and shall continue in 
 force until terminated in one of the wa^^s hereinafter specified. 
 
 Sec. 2. Termination. — 1. The Secretary may at any time terminate 
 this agreement as to all parties hereto, by giving at least seven (7) 
 days' notice by means of a press release or in any other manner which, 
 the Secretary may determine. 
 
 2. The Secretary shall terminate this agreement at the end of the 
 then current marketing period (December 31) whenever he finds that 
 such termination is favored by all the handlers of not less than 75 
 percent of the volume of serum and virus handled during the preced- 
 ing marketing period. ♦ 
 
 3. This agreement shall in any event terminate whenever the pro- 
 visions of the act authorizing it cease to be in effect. 
 
 4. Upon the termination or suspension of this agreement or of any 
 provision thereof, the members of the control agency then function- 
 ing, or such other persons as the Secretary may from time to time 
 designate, shall, if so ordered by the Secretary, liquidate the business 
 of the control agency under this agreement, and dispose of all funds 
 and property then in the possession or under the control of the control 
 agency, together with claims for any funds which are unpaid or prop- 
 erty not delivered at the time of such termination. The control agency 
 or such other persons as the Secretary may designate (a) shall con- 
 
26 
 
 timie in such capacity until (lis(liar<rc(l by the Secretary, (b) shall, 
 from time to time, account for all receipts and disbursements and/or 
 deliver all funds and j)roperty on hand, to<rether with the lvx)ks and 
 records of the control agency, to such person or i)ersons as the Secre- 
 tary shall direct, and (c) shall, upon the request of the Secretary, 
 execute such assi<rnments, or other instruments necessary or appro- 
 priate to vest in such j)erson or persons full title to all the funds, 
 property and/Or claims vested in the control agency j)ursuai.t to this 
 a^neement. Any funds collected for expenses, pursuant to the j)rovi- 
 sions of this agreement, and held by the control a«rency or such j)erson 
 or persons, over and above the amounts necessary to meet outstanding 
 obligations and the expenses necessarily incurred by the control agency 
 or such person or ])ersons, shall be returned to the contributing: han- 
 dlers in i)r()})orti()n to the contributions of each handler, or shall be 
 exi)ended by the control a<i:ency for a puri>ose not inconsistent with 
 the provisions of this agreement and in a manner which the contract- 
 in<r handlers shall determine by a three-fourths (-Yi) vote of such 
 handlers. The control ajifency or such person or pei-sons shall ol^serve 
 the procedure ^overnin^ the actions of the control aofency as estab- 
 lished under the provisions of section 4 of article II of this aoreement. 
 Any j)erson to whom funds. pro])erty and/or claims have been deliv- 
 ei'ed by the control a<rency or its members u])()n direction of the Secre- 
 tary, as provided in this para<j:iaph. shall be subject to the same 
 obliofations and duties with respect to said funds. ])ro])erty. and/or 
 claims as are imposed upon the members of the control agency. 
 
 ARTICLE VIII— DURATION OF IMMUNITIES 
 
 Skctiox 1. Immunities. — The benefits, privileges and immunities 
 conferred by virtue of this agreement shall not extend or l>e construed 
 to extend furtlier than is necessary for the purpose of carrying out 
 the provisions of this agreement and shall cease upon its termination 
 except with res])ect to acts done under and during tlie existence of 
 this agreement, and benefits, privileges and immunities conferred by 
 tliis agreement upon any party signatory liereto shall cease upon its 
 termination as to such party, except with respect to acts done under 
 and during tlie existence of this agi-eement. 
 
 ARTICLE IX— COUNTERPARTS 
 
 Section 1. Coimterparts. — This agreement may be executed in mul- 
 tiple counterparts, and when one counterpart is signed by the Secre- 
 taiy. all such counterparts shall constitute, when taken together, one 
 and the same instrument as if all such signatures were contained in 
 one original. 
 
 ARTICLE X— ADDITIONAL PARTIES 
 
 Section 1. Additional parti^^s. — After this agreement first takes 
 effect, any handler may become a ])arty to this agreement if a counter- 
 ])art thereof is executed by him and delivered to the Secretary. This 
 agreement shall take etfect as to such new contracting party at the 
 time such counterpart is delivered to the Secretary, and the benefits, 
 ])rivileges, and innnunities conferred by this agreement shall then be 
 effcK*tive as to such contracting party. 
 
27 
 
 ARTICLE XI— AGENTS AND COMMITTEES 
 
 Section 1. Agents. — The Secretary may by desi<^iiation in writing 
 name any person (not a party to this a<^rwment), including any offi- 
 cer or employee of the Government or bureau or division of the De- 
 partment of Agriculture to act as his agent or representative in con- 
 nection with any of the provisions of this agreement. 
 
 Sec. 2. Committees. — The Secretary may select such conunittees 
 to meet with or advise the control agency as he deems necessary for 
 the proi)er functioning of the control agency under the provisions of 
 this agreement. One such committee or its representative shall rep- 
 resent the interests of consumers. The expenses for the maintenance 
 iind functioning of the advisory committees may be included within 
 the budget submitted to the Secretary for approval, pursuant to sec- 
 tion 1 of article III of this agreement, and may be met by the con- 
 trol agency from funds paid to it for the maintenance and function- 
 ing of the control agency. 
 
 ARTICLE XII— DEROGATION 
 
 Section 1. Derogation. — Nothing contained in this agreement is 
 or shall be construed to be in derogation or in modification of the 
 rights of the Secretary or of the United States (1) to exercise any 
 powers granted by the act or otherwise, and/or (2) in accordance 
 with such powers, to act in the premises whenever such action is 
 deemed advisable. 
 
 ARTICLE XIII— LIABILITY OF CONTROL AGENCY 
 
 Section 1. Liability. — No member of the control agency nor any 
 employee thereof shall be held responsible individually in any way 
 whatsoever to any handler signatory hereto or any other person 
 for errors in judgment, mistakes, or other acts either of commission 
 or omission as such member or employee, except for acts of dis- 
 honesty. The contractual obligations of the handlers hereunder 
 are several and not joint, and no handler shall be liable for the de- 
 fault of any other handler. 
 
 ARTICLE XIV— SEPARABILITY 
 
 Section 1. Separahility. — If any provision of this agreement is 
 declared invalid, or the applicability thereof to any person, circum- 
 stance, or thing is held invalid, the validity of the remainder of this 
 agreement, and/or the applicability thereof to any other person, 
 circumstance or thing shall not be affected thereby. 
 
 ARTICLE XV— ORDER WITH MARKETING AGREEMENT 
 
 Section 1. Request for order. — Each signatory handler hereby re- 
 quests the Secretary, to issue an order pursuant to the act, regulating 
 the handling of serum and virus substantially in the same manner 
 as provided in this agreement. 
 
28 
 
 ARTICLE XVI— SIGNATURE OF PARTIES 
 
 In Avitness whereof, the c()iitrju'tin«r parlies. Hctin<r under tlie ap- 
 plieahK' provisions of the net (Pul)lie No. 3*20), for the purposes and 
 suhject to the limitations herein eontained and not otherwise, have 
 hereunto set their respective liands and seals. 
 
 I. H. A. Walhice, Secretary- of A<rriculture, do 
 hereby execute this agreement in duplicate under m^ 
 hand and the official seal of the Department of Agri- 
 culture, in the City of Washington, D. C, on this 
 2nd of December 193(), and pursuant of the pro- 
 visions hereof, declare this agreement to l>e effective 
 on and after 12:01 a. m., eastern standard time, 
 December 7, 1936. 
 
 H. A. Wallace, 
 Secretar-y of Agriculture. 
 
 o 
 
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