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94TH CONGRESS

1st SESSION

H. R. 8057

IN THE HOUSE OF REPRESENTATIVES

JUNE 19, 1975 Mr. McDADE (for himself and Mr. McEwen) introduced the following bill;

which was referred to the Committee on Small Business

A BILL To amend the Small Business Act to include small business

establishments primarily engaged in the production of cow's milk for purposes of obtaining loans to assist them in meeting the requirements established under the Federal Water Pollution Control Act.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled, 3 That section 7 (g) (1) of the Small Business Act (15 U.S.C. 4 636 (g) (1)) is amended by inserting “including establish5 ments primarily engaged in production of cow's milk” 6 immediately after “small business concern”.

APPENDIX E- LEGISLATION TO CLARIFY THE ELIGIBILITY OF CERTAIN SMALL BUSINESSES FOR SBA LOANS (AND FOR OTHER PURPOSES)

94TH CONGRESS

1st SESSION

H. R. 5982

IN TIIE HOUSE OF REPRESENTATIVES

APRIL 15, 1975
Mr. Smith of Iowa introduced the following bill; which was referred to the

Committees on Agriculture and Small Business

A BILL
To clarify the eligibility of certain small businesses for loans

under the Small Business Act, to aid, protect, and pre-
serve small businesses in meat production and marketing,

and for other purposes.
1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the “Small Business Meat

4 Producer and Marketer Protection Act of 1975”.

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SECTION 1. The Small Business Act is hereby amended

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as follows:

7 (a) By inserting in line 4 of section 7 (a) (1) (15 8 U.S.C., 636 (a) (1)) after the word "term" the words

9 "from private sources”.

55-623 0 - 75 - 26

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(b) By inserting in section 18 (15 U.S.C. 647) after 2 the words "Federal Government” the following: “which 3 has promulgated and is operating and administering a loan 4 program under which all qualified applicants are being

5 granted loans,”.

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SEC. 2. CONGRESSIONAL FINDING AND DECLARATION

7 OF POLICY.

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(a) The Congress finds that the existence, in industries

9 engaged in commerce or in the production, processing, man10 ufacturing, and distribution of livestock and meat food prod

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ucts for commerce, of marketing conditions detrimental to

12 the maintenance of a free and competitive environment 13 needed for the health, efficiency, and general well-being of 14 business (1) causes commerce and the channels and instru

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'mentalities of commerce to be used to spread and perpetu

16 ate such conditions among businesses located in the several

17 States; (2) burdens commerce and the free flow of livestock

18 and meat food products in commerce; (3) constitutes an 19

unfair method of competition in commerce; (4) leads to a 20 burdening and obstruction of commerce and the free flow 21

of goods in commerce; and (5) interferes with the orderly

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and fair marketing of goods in commerce.

(b) It is declared to be the policy of this Act, through

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the exercise by Congress of its power to regulate commerce

25 , among the several States and with foreign nations, to cor

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1 rect and as rapidly as practicable to eliminate the conditions

2 above referred to in such industries without substantially 3 curtailing thhe production, processing, manufacturing, or dis

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(a) "Commerce” means trade, commerce, transporta

7 tion, transmission or communication among the several

8 States or between any State and any place outside thereof.

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(b) “Livestock” means cattle, calves, swine, sheep or

10 lambs, whether alive or dead.

11 (c) "Meat food products” means all products and by12 products of the slaughtering and meat packing industry, if

13 edible.

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(d) “Meatpacker” means any person engaged in the

15 business of buying livestock for purposes of slaughter or of

16 manufacturing or preparing meats or meat food products for

17 sale or shipment.

(e) "Meat marketer” means any person engaged in the

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19 business of buying, selling, brokering, purveying or other

20 wise dealing in meats or meat food products. 21 (f) “Person” means one or more individuals, partner22 ships, associations, corporations, legal representatives, joint 23 stock companies, trustees and receivers in bankruptcy and 24 reorganization, common-law trusts, or any organized group, 25 whether or not incorporated,

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(g) "Meatpacker or meat marketer engaged in com2 merce” means a meatpacker or meat marketer (1) who is 3 engaged in commerce or (2) who has employees engaged 4 in the production, processing, manufacturing or distribution 5 of meat food products for commerce, or employees handling, 6 selling, or otherwise working on meat food products which 7 have been moved in or produced, processed, manufactured,

or distributed for commerce by any person and which, dur9 ing any one of the last three years had annual gross volume 10 of sales made or business done of not less than $250,000

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(exclusive of excise taxes at the retail level which are sepa

12 rately stated). 13

SEC. 4. (a) It shall be unlawful for any meatpacker 14 engaged in commerce to slaughter or cause to be slaughtered,

15 whether by contract, business order, or by any other trans

16 action, at any one location during any calendar week more

17 than one hundred head of cattle or calves, three hundred

18 head of swine, or three hundred head of sheep or lambs which 19 were owned prior to slaughter for a period in excess of twenty 20 days by such meatpacker or by any person who owns or

21 controls more than 5 per centum of the stock, voting power,

22 or control of a meatpacker or by any person, subsidiary, or 23 affiliate in which such meatpacker or other person owns or 24 controls a total of more than 5 per centum of the stock, voting

25 power, or control thereof. The prohibition in this subsection

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