US (United States) Code. Title 7: Agriculture. Chapter 9: Packers and stockyards

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

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-CITE-

7 USC CHAPTER 9 - PACKERS AND STOCKYARDS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

.

-HEAD-

CHAPTER 9 - PACKERS AND STOCKYARDS

-MISC1-

SUBCHAPTER I - GENERAL DEFINITIONS

Sec.

181. Short title.

182. Definitions.

183. When transaction deemed in commerce; ''State'' defined.

SUBCHAPTER II - PACKERS GENERALLY

PART A - GENERAL PROVISIONS

191. ''Packer'' defined.

192. Unlawful practices enumerated.

193. Procedure before Secretary for violations.

(a) Complaint; hearing; intervention.

(b) Report and order; penalty.

(c) Amendment of report or order.

(d) Service of process.

194. Conclusiveness of order; appeal and review.

(a) Filing of petition; bond.

(b) Filing of record by Secretary.

(c) Temporary injunction.

(d) Evidence.

(e) Action by court.

(f) Additional evidence.

(g) Injunction.

(h) Finality.

195. Punishment for violation of order.

196. Statutory trust established; livestock.

(a) Protection of public interest from inadequate

financing arrangements.

(b) Livestock, inventories, receivables and proceeds

held by packer in trust for benefit of unpaid

cash sellers; time limitations; exempt packers;

effect of dishonored instruments; preservation

of trust benefits by seller.

(c) Definition of cash sale.

197. Statutory trust established; poultry.

(a) Protection of public interest from inadequate

financing arrangements.

(b) Poultry, inventories, receivables and proceeds

held by dealer in trust for benefit of unpaid

cash sellers or poultry growers.

(c) Effect of dishonored instruments.

(d) Preservation of trust benefit by seller or

poultry grower.

(e) Definition of cash sale.

PART B - SWINE PACKER MARKETING CONTRACTS

198. Definitions.

198a. Swine packer marketing contracts offered to producers.

(a) In general.

(b) Availability.

(c) Confidentiality.

(d) Information collection.

(e) Violations.

(f) Authorization of appropriations.

198b. Report on the Secretary's jurisdiction, power, duties, and

authorities.

(a) Definition of packer.

(b) Report.

(c) Contents.

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

201. ''Stockyard owner''; ''stockyard services''; ''market

agency''; ''dealer''; defined.

202. ''Stockyard'' defined; determination by Secretary as to

particular yard.

203. Activity as stockyard dealer or market agency; benefits to

business and welfare of stockyard; registration; penalty for

failure to register.

204. Bond and suspension of registrants.

205. General duty as to services; revocation of registration.

206. Rates and charges generally; discrimination.

207. Schedule of rates.

(a) Filing; public inspection.

(b) Detail required; form.

(c) Changes.

(d) Rejection by Secretary.

(e) Determination of lawfulness; hearing; suspension.

(f) Suspension of operations; compliance.

(g) Penalty.

(h) Intentional violations; penalty.

208. Unreasonable or discriminatory practices generally; rights of

stockyard owner of management and regulation.

209. Liability to individuals for violations; enforcement

generally.

210. Proceedings before Secretary for violations.

(a) Complaint; response; satisfaction or

investigation.

(b) Complaints forwarded by agencies of a State or

Territory.

(c) Inquiries instituted by Secretary.

(d) Damage to complainant not required.

(e) Award and payment of damages.

(f) Enforcement of orders.

211. Order of Secretary as to charges or practices; prescribing

rates and practices generally.

212. Prescribing rates and practices to prevent discrimination

between intrastate and interstate commerce.

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

214. Effective date of orders.

215. Failure to obey orders; punishment.

216. Proceedings to enforce orders; injunction.

217. Proceedings for suspension of orders.

217a. Fees for inspection of brands or marks.

(a) Authorization by Secretary; registration as

market agency.

(b) Applicability of section.

(c) Collection and payment of charges.

(d) Revocation of authorization or registration.

SUBCHAPTER IV - LIVE POULTRY DEALERS AND HANDLERS

218 to 218d. Repealed.

SUBCHAPTER V - GENERAL PROVISIONS

221. Accounts and records of business; punishment for failure to

keep.

222. Federal Trade Commission powers adopted for enforcement of

chapter.

223. Responsibility of principal for act or omission of agent.

224. Attorney General to institute court proceedings for

enforcement.

225. Laws unaffected.

226. Powers of Interstate Commerce Commission unaffected.

227. Powers of Federal Trade Commission and Secretary of

Agriculture.

(a) Omitted.

(b) Jurisdiction of Federal Trade Commission.

(c) Limitation of Federal Trade Commission

jurisdiction.

(d) Jurisdiction of Secretary of Agriculture except

for poultry products.

(e) Jurisdiction of Secretary of Agriculture

regarding poultry products.

(f) Information to be included in annual reports.

228. Authority of Secretary.

(a) Rules, regulations, and expenditures;

appropriations.

(b) Deductions from proceeds for financing

promotional, educational, and research

activities.

(c) Budget estimate; testimony of Secretary before

Congressional committees.

(d) Development and promulgation of rules governing

hearings.

(e) Definitions.

228a. Authority of Secretary to request temporary injunction or

restraining order.

228b. Prompt payment for purchase of livestock.

(a) Full amount of purchase price required; methods

of payment.

(b) Waiver of prompt payment by written agreement;

disclosure requirements.

(c) Delay in payment or attempt to delay deemed

unfair practice.

228b-1. Final date for making payment to cash seller or poultry

grower.

(a) Delivery of full amount due.

(b) Delay or attempt to delay collection of funds as

''unfair practice''.

(c) Definition of cash sale.

228b-2. Violations by live poultry dealers.

(a) Written complaint by Secretary; hearing;

intervention; amended complaint.

(b) Report on findings of fact by Secretary; cease

and desist order; assessment of civil penalty;

action by Attorney General upon live poultry

dealer's failure to pay penalty.

(c) Amendment or setting aside of report or order.

(d) Service of complaints, orders, and other

processes.

228b-3. Judicial review of order regarding live poultry dealer.

(a) Finality of order unless appeal to court of

appeals; time limit; bond.

(b) Notification of appeal to Secretary; filing of

record with court.

(c) Issuance of temporary injunction.

(d) Evidence in record as evidence in case; expedited

proceedings.

(e) Action by court.

(f) Taking of additional evidence; modified or

additional findings by Secretary.

(g) Affirmance or modification of order as

injunction.

(h) Exclusive jurisdiction of court of appeals;

finality of decree; appeal to Supreme Court;

stay of decree.

228b-4. Violation of final order by live poultry dealer; penalty.

228c. Federal preemption of State and local requirements.

228d. Annual assessment of cattle and hog industries.

229. Separability.

229a. Repealed.

229b. Right to discuss terms of contract.

(a) Definitions.

(b) No prohibition of discussion.

(c) Effect on State laws.

(d) Applicability.

SUBCHAPTER VI - CHARGE FOR INSPECTION

231. Omitted.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Bureau of Animal Industry transferred to Secretary

of Agriculture by 1947 Reorg. Plan No. 1, Sec. 301, eff. July 1,

1947, 12 F.R. 4534, 61 Stat. 952. See note set out under section

391 of this title.

By order of Secretary of Agriculture, Packers and Stockyards

Administration abolished on July 1, 1927, and enforcement of

Packers and Stockyards Act of 1921, which is classified to this

chapter, was put under control of chief of Bureau of Animal

Industry.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1636 of this title; title

11 section 525; title 15 sections 45, 1607, 1681s, 1691c, 1692l,

6505; title 28 section 2342.

-CITE-

7 USC SUBCHAPTER I - GENERAL DEFINITIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER I - GENERAL DEFINITIONS

.

-HEAD-

SUBCHAPTER I - GENERAL DEFINITIONS

-CITE-

7 USC Sec. 181 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER I - GENERAL DEFINITIONS

-HEAD-

Sec. 181. Short title

-STATUTE-

This chapter may be cited as the ''Packers and Stockyards Act,

1921.''

-SOURCE-

(Aug. 15, 1921, ch. 64, title I, Sec. 1, 42 Stat. 159.)

-MISC1-

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-173, Sec. 1, Nov. 23, 1987, 101 Stat. 917, provided

that: ''This Act (enacting sections 197 and 228b-1 to 228b-4 of

this title, amending sections 182, 192, 209, 221, 223, 227, and

228a of this title, repealing sections 218 to 218d of this title,

and enacting provisions set out as notes under sections 182 and 227

of this title) may be cited as the 'Poultry Producers Financial

Protection Act of 1987'.''

IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES UNDER THIS

CHAPTER

Pub. L. 106-472, title III, Sec. 312(a)-(d), Nov. 9, 2000, 114

Stat. 2076, 2077, provided that:

''(a) Implementation of General Accounting Office

Recommendations. - Not later than 1 year after the date of the

enactment of this Act (Nov. 9, 2000), the Secretary of Agriculture

shall implement the recommendations contained in the report issued

by the General Accounting Office entitled 'Packers and Stockyards

Programs: Actions Needed to Improve Investigations of Competitive

Practices', GAO/RCED-00-242, dated September 21, 2000.

''(b) Consultation. - During the implementation period referred

to in subsection (a), and for such an additional time period as

needed to assure effective implementation of the recommendations

contained in the report referred to in such subsection, the

Secretary of Agriculture shall consult and work with the Department

of Justice and the Federal Trade Commission in order to -

''(1) implement the recommendations in the report regarding

investigation management, operations, and case methods

development processes; and

''(2) effectively identify and investigate complaints of unfair

and anti-competitive practices in violation of the Packers and

Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and enforce the Act.

''(c) Training. - Not later than 1 year after the date of the

enactment of this Act, the Secretary of Agriculture shall develop

and implement a training program for staff of the Department of

Agriculture engaged in the investigation of complaints of unfair

and anti-competitive activity in violation of the Packers and

Stockyards Act, 1921. In developing the training program, the

Secretary of Agriculture shall draw on existing training materials

and programs available at the Department of Justice and the Federal

Trade Commission, to the extent practicable.

''(d) Implementation Report. - Not later than 1 year after the

date of the enactment of this Act, the Secretary of Agriculture

shall submit to Congress a report describing the actions taken to

comply with this section.''

-CITE-

7 USC Sec. 182 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER I - GENERAL DEFINITIONS

-HEAD-

Sec. 182. Definitions

-STATUTE-

When used in this chapter -

(1) The term ''person'' includes individuals, partnerships,

corporations, and associations;

(2) The term ''Secretary'' means the Secretary of Agriculture;

(3) The term ''meat food products'' means all products and

byproducts of the slaughtering and meat-packing industry - if

edible;

(4) The term ''livestock'' means cattle, sheep, swine, horses,

mules, or goats - whether live or dead;

(5) The term ''livestock products'' means all products and

byproducts (other than meats and meat food products) of the

slaughtering and meat-packing industry derived in whole or in

part from livestock;

(6) The term ''poultry'' means chickens, turkeys, ducks, geese,

and other domestic fowl;

(7) The term ''poultry product'' means any product or byproduct

of the business of slaughtering poultry and processing poultry

after slaughter;

(8) The term ''poultry grower'' means any person engaged in the

business of raising and caring for live poultry for slaughter by

another, whether the poultry is owned by such person or by

another, but not an employee of the owner of such poultry;

(9) The term ''poultry growing arrangement'' means any growout

contract, marketing agreement, or other arrangement under which a

poultry grower raises and cares for live poultry for delivery, in

accord with another's instructions, for slaughter;

(10) The term ''live poultry dealer'' means any person engaged

in the business of obtaining live poultry by purchase or under a

poultry growing arrangement for the purpose of either

slaughtering it or selling it for slaughter by another, if

poultry is obtained by such person in commerce, or if poultry

obtained by such person is sold or shipped in commerce, or if

poultry products from poultry obtained by such person are sold or

shipped in commerce; and

(11) The term ''commerce'' means commerce between any State,

Territory, or possession, or the District of Columbia, and any

place outside thereof; or between points within the same State,

Territory, or possession, or the District of Columbia, but

through any place outside thereof; or within any Territory or

possession, or the District of Columbia.

(12) Swine contractor. - The term ''swine contractor'' means

any person engaged in the business of obtaining swine under a

swine production contract for the purpose of slaughtering the

swine or selling the swine for slaughter, if -

(A) the swine is obtained by the person in commerce; or

(B) the swine (including products from the swine) obtained by

the person is sold or shipped in commerce.

(13) Swine production contract. - The term ''swine production

contract'' means any growout contract or other arrangement under

which a swine production contract grower raises and cares for the

swine in accordance with the instructions of another person.

(14) Swine production contract grower. - The term ''swine

production contract grower'' means any person engaged in the

business of raising and caring for swine in accordance with the

instructions of another person.

-SOURCE-

(Aug. 15, 1921, ch. 64, title I, Sec. 2(a), 42 Stat. 159; Pub. L.

94-410, Sec. 3(c), Sept. 13, 1976, 90 Stat. 1249; Pub. L. 100-173,

Sec. 2, Nov. 23, 1987, 101 Stat. 917; Pub. L. 107-171, title X,

Sec. 10502(a), May 13, 2002, 116 Stat. 509.)

-COD-

CODIFICATION

Section is composed of subsec. (a) of section 2 of act Aug. 15,

1921. Subsec. (b) of section 2 is classified to section 183 of this

title.

-MISC3-

AMENDMENTS

2002 - Pars. (12) to (14). Pub. L. 107-171 added pars. (12) to

(14).

1987 - Pars. (6) to (11). Pub. L. 100-173 added pars. (6) to (10)

and redesignated former par. (6) as (11).

1976 - Pars. (4), (5). Pub. L. 94-410 substituted ''livestock''

for ''live stock'' in par. (4) and for ''live-stock'' in par. (5).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 12 of Pub. L. 100-173 provided that: ''This Act and the

amendments made by this Act (enacting sections 197 and 228b-1 to

228b-4 of this title, amending this section and sections 192, 209,

221, 223, 227, and 228a of this title, repealing sections 218 to

218d of this title, and enacting provisions set out as notes under

sections 181 and 227 of this title) shall take effect 90 days after

the date of the enactment of this Act (Nov. 23, 1987).''

SAVINGS PROVISION

Section 10 of Pub. L. 94-410 provided that: ''Pending proceedings

shall not be abated by reason of any provision of this Act

(enacting sections 196 and 228a to 228c of this title and amending

this section and sections 183, 191-193, 201, 204, 207, 209, 210,

212, 213, 228, and 229 of this title), but shall be disposed of

pursuant to the provisions of the Packers and Stockyards Act, 1921,

as amended (this chapter), and the Act of July 12, 1943 (section

204 of this title), in effect immediately prior to the effective

date of this Act (Sept. 13, 1976).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 183 of this title; title

31 section 3903.

-CITE-

7 USC Sec. 183 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER I - GENERAL DEFINITIONS

-HEAD-

Sec. 183. When transaction deemed in commerce; ''State'' defined

-STATUTE-

For the purpose of this chapter (but not in anywise limiting the

definition in section 182 of this title) a transaction in respect

to any article shall be considered to be in commerce if such

article is part of that current of commerce usual in the livestock

and meat-packing industries, whereby livestock, meats, meat food

products, livestock products, dairy products, poultry, poultry

products, or eggs, are sent from one State with the expectation

that they will end their transit, after purchase, in another,

including, in addition to cases within the above general

description, all cases where purchase or sale is either for

shipment to another State, or for slaughter of livestock within the

State and the shipment outside the State of the products resulting

from such slaughter. Articles normally in such current of commerce

shall not be considered out of such current through resort being

had to any means or device intended to remove transactions in

respect thereto from the provisions of this chapter. For the

purpose of this section the word ''State'' includes Territory, the

District of Columbia, possession of the United States, and foreign

nation.

-SOURCE-

(Aug. 15, 1921, ch. 64, title I, Sec. 2(b), 42 Stat. 160; Pub. L.

94-410, Sec. 3(c), Sept. 13, 1976, 90 Stat. 1249.)

-COD-

CODIFICATION

Section is composed of subsec. (b) of section 2 of act Aug. 15,

1921. Subsec. (a) of section 2 is classified to section 182 of this

title.

-MISC3-

AMENDMENTS

1976 - Pub. L. 94-410 substituted ''livestock'' for ''live

stock'' and ''live-stock'' wherever appearing.

-CITE-

7 USC SUBCHAPTER II - PACKERS GENERALLY 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

.

-HEAD-

SUBCHAPTER II - PACKERS GENERALLY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 204 of this title.

-CITE-

7 USC Part A - General Provisions 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part A - General Provisions

.

-HEAD-

Part A - General Provisions

-CITE-

7 USC Sec. 191 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part A - General Provisions

-HEAD-

Sec. 191. ''Packer'' defined

-STATUTE-

When used in this chapter the term ''packer'' means any person

engaged in the business (a) of buying livestock in commerce for

purposes of slaughter, or (b) of manufacturing or preparing meats

or meat food products for sale or shipment in commerce, or (c) of

marketing meats, meat food products, or livestock products in an

unmanufactured form acting as a wholesale broker, dealer, or

distributor in commerce.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 201, 42 Stat. 160; Pub. L.

94-410, Sec. 2, Sept. 13, 1976, 90 Stat. 1249.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-410 substituted definition of ''packer'' for

former definition which included provisions dealing with direct or

indirect control of specified businesses through stock ownership or

otherwise.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 198b, 1636e of this

title.

-CITE-

7 USC Sec. 192 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part A - General Provisions

-HEAD-

Sec. 192. Unlawful practices enumerated

-STATUTE-

It shall be unlawful for any packer or swine contractor with

respect to livestock, meats, meat food products, or livestock

products in unmanufactured form, or for any live poultry dealer

with respect to live poultry, to:

(a) Engage in or use any unfair, unjustly discriminatory, or

deceptive practice or device; or

(b) Make or give any undue or unreasonable preference or

advantage to any particular person or locality in any respect, or

subject any particular person or locality to any undue or

unreasonable prejudice or disadvantage in any respect; or

(c) Sell or otherwise transfer to or for any other packer, swine

contractor, or any live poultry dealer, or buy or otherwise receive

from or for any other packer, swine contractor, or any live poultry

dealer, any article for the purpose or with the effect of

apportioning the supply between any such persons, if such

apportionment has the tendency or effect of restraining commerce or

of creating a monopoly; or

(d) Sell or otherwise transfer to or for any other person, or buy

or otherwise receive from or for any other person, any article for

the purpose or with the effect of manipulating or controlling

prices, or of creating a monopoly in the acquisition of, buying,

selling, or dealing in, any article, or of restraining commerce; or

(e) Engage in any course of business or do any act for the

purpose or with the effect of manipulating or controlling prices,

or of creating a monopoly in the acquisition of, buying, selling,

or dealing in, any article, or of restraining commerce; or

(f) Conspire, combine, agree, or arrange with any other person

(1) to apportion territory for carrying on business, or (2) to

apportion purchases or sales of any article, or (3) to manipulate

or control prices; or

(g) Conspire, combine, agree, or arrange with any other person to

do, or aid or abet the doing of, any act made unlawful by

subdivisions (a), (b), (c), (d), or (e) of this section.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 202, 42 Stat. 161; Aug. 15,

1921, ch. 64, title V, Sec. 503, as added Aug. 14, 1935, ch. 532,

49 Stat. 649; Pub. L. 85-909, Sec. 1(1), Sept. 2, 1958, 72 Stat.

1749; Pub. L. 94-410, Sec. 3(a), Sept. 13, 1976, 90 Stat. 1249;

Pub. L. 100-173, Sec. 3, Nov. 23, 1987, 101 Stat. 917; Pub. L.

102-237, title X, Sec. 1008(1), Dec. 13, 1991, 105 Stat. 1898; Pub.

L. 106-78, title IX, Sec. 912, Oct. 22, 1999, 113 Stat. 1205; Pub.

L. 107-171, title X, Sec. 10502(b)(1), (2)(A), May 13, 2002, 116

Stat. 509, 510.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by section 942 of Pub. L. 106-78,

see Termination Date of 1999 Amendment note below.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171, Sec. 10502(b)(1), substituted ''packer or

swine contractor'' for ''packer'' in introductory provisions.

Subsec. (c). Pub. L. 107-171, Sec. 10502(b)(2)(A), inserted '',

swine contractor,'' after ''other packer'' in two places.

1999 - Subsec. (b). Pub. L. 106-78, Sec. 912, 942, temporarily

struck out ''whatsoever'' after ''locality in any respect'' and

after ''disadvantage in any respect''. See Termination Date of

1999 Amendment note below.

1991 - Subsec. (c). Pub. L. 102-237 substituted a comma for

period after second reference to ''dealer''.

1987 - Pub. L. 100-173, Sec. 3(1), substituted ''for any packer

with respect to livestock, meats, meat food products, or livestock

products in unmanufactured form, or for any live poultry dealer

with respect to live poultry, to'' for ''with respect to livestock,

meats, meat food products, livestock products in unmanufactured

form, poultry, or poultry products for any packer or any live

poultry dealer or handler to'' in introductory provisions.

Par. (c). Pub. L. 100-173, Sec. 3(2), struck out reference to

poultry handlers wherever appearing and substituted ''such

persons'' for ''such packers''.

1976 - Pub. L. 94-410 struck out ''in commerce'' wherever

appearing.

1958 - Pub. L. 85-909 inserted ''with respect to livestock,

meats, meat food products, livestock products in unmanufactured

form, poultry, or poultry products'' after ''unlawful''.

1935 - Act Aug. 15, 1921, title V, Sec. 503, as added Aug. 14,

1935, inserted ''or any live poultry dealer or handler'' after

''packer'' wherever appearing.

TERMINATION DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-78 to terminate 5 years after Oct. 22,

1999, see section 942 of Pub. L. 106-78, set out in a Livestock

Mandatory Reporting note under section 1635 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-173 effective 90 days after Nov. 23,

1987, see section 12 of Pub. L. 100-173, set out as a note under

section 182 of this title.

-CITE-

7 USC Sec. 193 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part A - General Provisions

-HEAD-

Sec. 193. Procedure before Secretary for violations

-STATUTE-

(a) Complaint; hearing; intervention

Whenever the Secretary has reason to believe that any packer or

swine contractor has violated or is violating any provision of this

subchapter, he shall cause a complaint in writing to be served upon

the packer or swine contractor, stating his charges in that

respect, and requiring the packer or swine contractor to attend and

testify at a hearing at a time and place designated therein, at

least thirty days after the service of such complaint; and at such

time and place there shall be afforded the packer or swine

contractor a reasonable opportunity to be informed as to the

evidence introduced against him (including the right of

cross-examination), and to be heard in person or by counsel and

through witnesses, under such regulations as the Secretary may

prescribe. Any person for good cause shown may on application be

allowed by the Secretary to intervene in such proceeding, and

appear in person or by counsel. At any time prior to the close of

the hearing the Secretary may amend the complaint; but in case of

any amendment adding new charges the hearing shall, on the request

of the packer or swine contractor, be adjourned for a period not

exceeding fifteen days.

(b) Report and order; penalty

If, after such hearing, the Secretary finds that the packer or

swine contractor has violated or is violating any provisions of

this subchapter covered by the charges, he shall make a report in

writing in which he shall state his findings as to the facts, and

shall issue and cause to be served on the packer or swine

contractor an order requiring such packer or swine contractor to

cease and desist from continuing such violation. The testimony

taken at the hearing shall be reduced to writing and filed in the

records of the Department of Agriculture. The Secretary may also

assess a civil penalty of not more than $10,000 for each such

violation. In determining the amount of the civil penalty to be

assessed under this section, the Secretary shall consider the

gravity of the offense, the size of the business involved, and the

effect of the penalty on the person's ability to continue in

business. If, after the lapse of the period allowed for appeal or

after the affirmance of such penalty, the person against whom the

civil penalty is assessed fails to pay such penalty, the Secretary

may refer the matter to the Attorney General who may recover such

penalty by an action in the appropriate district court of the

United States.

(c) Amendment of report or order

Until the record in such hearing has been filed in a court of

appeals of the United States, as provided in section 194 of this

title, the Secretary at any time, upon such notice and in such

manner as he deems proper, but only after reasonable opportunity to

the packer or swine contractor to be heard, may amend or set aside

the report or order, in whole or in part.

(d) Service of process

Complaints, orders, and other processes of the Secretary under

this section may be served in the same manner as provided in

section 45 of title 15.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 203, 42 Stat. 161; June 25,

1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,

Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 6(a), Aug. 28, 1958,

72 Stat. 944; Pub. L. 94-410, Sec. 3(b), Sept. 13, 1976, 90 Stat.

1249; Pub. L. 107-171, title X, Sec. 10502(b)(1), May 13, 2002, 116

Stat. 509.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a) to (c). Pub. L. 107-171 substituted ''packer

or swine contractor'' for ''packer'' wherever appearing.

1976 - Subsec. (b). Pub. L. 94-410 inserted provisions dealing

with authority of Secretary to assess a civil penalty for

violations and, upon failure to pay, procedure for recovery of such

penalty.

1958 - Subsec. (c). Pub. L. 85-791 struck out ''a transcript of''

after ''until''.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted

''court of appeals'' for ''circuit court of appeals''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 194, 195, 204 of this

title; title 28 section 2351.

-CITE-

7 USC Sec. 194 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part A - General Provisions

-HEAD-

Sec. 194. Conclusiveness of order; appeal and review

-STATUTE-

(a) Filing of petition; bond

An order made under section 193 of this title shall be final and

conclusive unless within thirty days after service the packer or

swine contractor appeals to the court of appeals for the circuit in

which he has his principal place of business, by filing with the

clerk of such court a written petition praying that the Secretary's

order be set aside or modified in the manner stated in the

petition, together with a bond in such sum as the court may

determine, conditioned that such packer or swine contractor will

pay the costs of the proceedings if the court so directs.

(b) Filing of record by Secretary

The clerk of the court shall immediately cause a copy of the

petition to be delivered to the Secretary, and the Secretary shall

thereupon file in the court the record in such proceedings, as

provided in section 2112 of title 28. If before such record is

filed the Secretary amends or sets aside his report or order, in

whole or in part, the petitioner may amend the petition within such

time as the court may determine, on notice to the Secretary.

(c) Temporary injunction

At any time after such petition is filed, the court, on

application of the Secretary, may issue a temporary injunction,

restraining, to the extent it deems proper, the packer or swine

contractor and his officers, directors, agents, and employees, from

violating any of the provisions of the order pending the final

determination of the appeal.

(d) Evidence

The evidence so taken or admitted, and filed as aforesaid as a

part of the record, shall be considered by the court as the

evidence in the case.

(e) Action by court

The court may affirm, modify, or set aside the order of the

Secretary.

(f) Additional evidence

If the court determines that the just and proper disposition of

the case requires the taking of additional evidence, the court

shall order the hearing to be reopened for the taking of such

evidence, in such manner and upon such terms and conditions as the

court may deem proper. The Secretary may modify his findings as to

the facts, or make new findings, by reason of the additional

evidence so taken, and he shall file such modified or new findings

and his recommendations, if any, for the modifications or setting

aside of his order, with the return of such additional evidence.

(g) Injunction

If the court of appeals affirms or modifies the order of the

Secretary, its decree shall operate as an injunction to restrain

the packer or swine contractor, and his officers, directors,

agents, and employees from violating the provisions of such order

or such order as modified.

(h) Finality

The court of appeals shall have jurisdiction, which upon the

filing of the record with it shall be exclusive, to review, and to

affirm, set aside, or modify, such orders of the Secretary, and the

decree of such court shall be final except that it shall be subject

to review by the Supreme Court of the United States upon

certiorari, as provided in section 1254 of title 28, if such writ

is duly applied for within sixty days after entry of the decree.

The issue of such writ shall not operate as a stay of the decree of

the court of appeals, insofar as such decree operates as an

injunction unless so ordered by the Supreme Court.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 204, 42 Stat. 162; June 7,

1934, ch. 426, 48 Stat. 926; June 25, 1948, ch. 646, Sec. 32(a), 62

Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L.

85-791, Sec. 6(b), (c), Aug. 28, 1958, 72 Stat. 944; Pub. L.

98-620, title IV, Sec. 402(5), Nov. 8, 1984, 98 Stat. 3357; Pub. L.

107-171, title X, Sec. 10502(b)(1), May 13, 2002, 116 Stat. 509.)

-COD-

CODIFICATION

Former subsec. (i), which extended the former term ''circuit

court of appeals'', in case the principal place of business of the

packer is in the District of Columbia, to the United States Court

of Appeals for the District of Columbia, for the purposes of

sections 191 to 195 of this title, was omitted from the Code as

obsolete. The District of Columbia is a judicial circuit under

sections 41 and 43 of Title 28, Judiciary and Judicial Procedure.

See, also, Change of Name note below.

-MISC3-

AMENDMENTS

2002 - Subsecs. (a), (c), (g). Pub. L. 107-171 substituted

''packer or swine contractor'' for ''packer'' wherever appearing.

1984 - Subsec. (d). Pub. L. 98-620 struck out provisions

requiring proceedings in such cases in the court of appeals to be

made a preferred cause and expedited in every way.

1958 - Subsec. (b). Pub. L. 85-791 Sec. 6(b), substituted

''thereupon file in the court'' for ''forthwith prepare, certify,

and file in the court a full and accurate transcript of'', and ''as

provided in section 2112 of Title 28'' for ''including the

complaint, the evidence, and the report and order'' in first

sentence, and ''record'' for ''transcript'' in second sentence.

Subsec. (c). Pub. L. 85-791, Sec. 6(b), substituted ''petition''

for ''transcript''.

Subsec. (d). Pub. L. 85-791, Sec. 6(b), struck out ''duly

certified'' after ''admitted''.

Subsec. (h). Pub. L. 85-791, Sec. 6(c), substituted

''jurisdiction, which upon the finding of the record with it shall

be exclusive,'' for ''exclusive jurisdiction,'' and section

''1254'' for ''347''.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, as amended May 24, 1949,

substituted ''court of appeals'' for ''circuit court of appeals'',

wherever appearing.

Act of June 7, 1934, provided that Court of Appeals in District

of Columbia, should hereafter be known as the United States Court

of Appeals for the District of Columbia.

-MISC4-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 193, 195 of this title;

title 21 sections 457, 467, 607, 1036, 1047.

-CITE-

7 USC Sec. 195 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part A - General Provisions

-HEAD-

Sec. 195. Punishment for violation of order

-STATUTE-

Any packer or swine contractor, or any officer, director, agent,

or employee of a packer or swine contractor, who fails to obey any

order of the Secretary issued under the provisions of section 193

of this title, or such order as modified -

(1) After the expiration of the time allowed for filing a

petition in the court of appeals to set aside or modify such

order, if no such petition has been filed within such time; or

(2) After the expiration of the time allowed for applying for a

writ of certiorari, if such order, or such order as modified, has

been sustained by the court of appeals and no such writ has been

applied for within such time; or

(3) After such order, or such order as modified, has been

sustained by the courts as provided in section 194 of this title;

shall on conviction be fined not less than $500 nor more than

$10,000, or imprisoned for not less than six months nor more than

five years, or both. Each day during which such failure

continues shall be deemed a separate offense.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 205, 42 Stat. 163; June 25,

1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,

Sec. 127, 63 Stat. 107; Pub. L. 107-171, title X, Sec. 10502(b)(1),

May 13, 2002, 116 Stat. 509.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171 substituted ''packer or swine contractor''

for ''packer'' in two places in introductory provisions.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted

''court of appeals'' for ''circuit court of appeals'', wherever

appearing in this section.

-CITE-

7 USC Sec. 196 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part A - General Provisions

-HEAD-

Sec. 196. Statutory trust established; livestock

-STATUTE-

(a) Protection of public interest from inadequate financing

arrangements

It is hereby found that a burden on and obstruction to commerce

in livestock is caused by financing arrangements under which

packers encumber, give lenders security interest in, or place liens

on, livestock purchased by packers in cash sales, or on inventories

of or receivables or proceeds from meat, meat food products, or

livestock products therefrom, when payment is not made for the

livestock and that such arrangements are contrary to the public

interest. This section is intended to remedy such burden on and

obstruction to commerce in livestock and protect the public

interest.

(b) Livestock, inventories, receivables and proceeds held by packer

in trust for benefit of unpaid cash sellers; time limitations;

exempt packers; effect of dishonored instruments; preservation

of trust benefits by seller

All livestock purchased by a packer in cash sales, and all

inventories of, or receivables or proceeds from meat, meat food

products, or livestock products derived therefrom, shall be held by

such packer in trust for the benefit of all unpaid cash sellers of

such livestock until full payment has been received by such unpaid

sellers: Provided, That any packer whose average annual purchases

do not exceed $500,000 will be exempt from the provisions of this

section. Payment shall not be considered to have been made if the

seller receives a payment instrument which is dishonored: Provided,

That the unpaid seller shall lose the benefit of such trust if, in

the event that a payment instrument has not been received, within

thirty days of the final date for making a payment under section

228b of this title, or within fifteen business days after the

seller has received notice that the payment instrument promptly

presented for payment has been dishonored, the seller has not

preserved his trust under this subsection. The trust shall be

preserved by giving written notice to the packer and by filing such

notice with the Secretary.

(c) Definition of cash sale

For the purpose of this section, a cash sale means a sale in

which the seller does not expressly extend credit to the buyer.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 206, as added Pub. L.

94-410, Sec. 8, Sept. 13, 1976, 90 Stat. 1251.)

-CITE-

7 USC Sec. 197 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part A - General Provisions

-HEAD-

Sec. 197. Statutory trust established; poultry

-STATUTE-

(a) Protection of public interest from inadequate financing

arrangements

It is hereby found that a burden on and obstruction to commerce

in poultry is caused by financing arrangements under which live

poultry dealers encumber, give lenders security interest in, or

place liens on, poultry obtained by such persons by purchase in

cash sales or by poultry growing arrangements, or on inventories of

or receivables or proceeds from such poultry or poultry products

therefrom, when payment is not made for the poultry and that such

financing arrangements are contrary to the public interest. This

section is intended to remedy such burden on and obstruction to

commerce in poultry and protect the public interest.

(b) Poultry, inventories, receivables and proceeds held by dealer

in trust for benefit of unpaid cash sellers or poultry growers

All poultry obtained by a live poultry dealer, by purchase in

cash sales or by poultry growing arrangement, and all inventories

of, or receivables or proceeds from such poultry or poultry

products derived therefrom, shall be held by such live poultry

dealer in trust for the benefit of all unpaid cash sellers or

poultry growers of such poultry, until full payment has been

received by such unpaid cash sellers or poultry growers, unless

such live poultry dealer does not have average annual sales of live

poultry, or average annual value of live poultry obtained by

purchase or by poultry growing arrangement, in excess of $100,000.

(c) Effect of dishonored instruments

Payment shall not be considered to have been made if the cash

seller or poultry grower receives a payment instrument which is

dishonored.

(d) Preservation of trust benefit by seller or poultry grower

The unpaid cash seller or poultry grower shall lose the benefit

of such trust if, in the event that a payment instrument has not

been received, within 30 days of the final date for making payment

under section 228b-1 of this title, or within 15 business days

after the seller or poultry grower has received notice that the

payment instrument promptly presented for payment has been

dishonored, the seller or poultry grower has not preserved his

trust under this section. The trust shall be preserved by giving

written notice to the live poultry dealer and by filing such notice

with the Secretary.

(e) Definition of cash sale

For the purpose of this section, a cash sale means a sale in

which the seller does not expressly extend credit to the buyer.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 207, as added Pub. L.

100-173, Sec. 4, Nov. 23, 1987, 101 Stat. 918.)

-MISC1-

EFFECTIVE DATE

Section effective 90 days after Nov. 23, 1987, see section 12 of

Pub. L. 100-173, set out as an Effective Date of 1987 Amendment

note under section 182 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 227, 228b-2 of this

title.

-CITE-

7 USC Part B - Swine Packer Marketing Contracts 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part B - Swine Packer Marketing Contracts

.

-HEAD-

Part B - Swine Packer Marketing Contracts

-MISC1-

TERMINATION OF PART

For termination of part by section 942 of Pub. L. 106-78, see

Livestock Mandatory Reporting note set out under section 1635 of

this title.

-CITE-

7 USC Sec. 198 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part B - Swine Packer Marketing Contracts

-HEAD-

Sec. 198. Definitions

-STATUTE-

Except as provided in section 198b(a) of this title, in this

part:

(1) Market

The term ''market'' means the sale or disposition of swine,

pork, or pork products in commerce.

(2) Packer

The term ''packer'' has the meaning given the term in section

1635i of this title.

(3) Pork

The term ''pork'' means the meat of a porcine animal.

(4) Pork product

The term ''pork product'' means a product or byproduct produced

or processed in whole or in part from pork.

(5) State

The term ''State'' means each of the 50 States.

(6) Swine

The term ''swine'' means a porcine animal raised to be a feeder

pig, raised for seedstock, or raised for slaughter.

(7) Type of contract

The term ''type of contract'' means the classification of

contracts or risk management agreements for the purchase of swine

by -

(A) the mechanism used to determine the base price for swine

committed to a packer, grouped into practicable classifications

by the Secretary (including swine or pork market formula

purchases, other market formula purchases, and other purchase

arrangements); and

(B) the presence or absence of an accrual account or ledger

that must be repaid by the producer or packer that receives the

benefit of the contract pricing mechanism in relation to

negotiated prices.

(8) Other terms

Except as provided in this part, a term has the meaning given

the term in section 1635a or 1635i of this title.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 221, as added Pub. L.

106-78, title IX, Sec. 934(2), Oct. 22, 1999, 113 Stat. 1208.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-MISC1-

TERMINATION DATE

Part to terminate 5 years after Oct. 22, 1999, see section 942 of

Pub. L. 106-78, set out in a Livestock Mandatory Reporting note

under section 1635 of this title.

-CITE-

7 USC Sec. 198a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part B - Swine Packer Marketing Contracts

-HEAD-

Sec. 198a. Swine packer marketing contracts offered to producers

-STATUTE-

(a) In general

Subject to the availability of appropriations to carry out this

section, the Secretary shall establish and maintain a library or

catalog of each type of contract offered by packers to swine

producers for the purchase of all or part of the producers'

production of swine (including swine that are purchased or

committed for delivery), including all available noncarcass merit

premiums.

(b) Availability

The Secretary shall make available to swine producers and other

interested persons information on the types of contracts described

in subsection (a) of this section, including notice (on a real-time

basis if practicable) of the types of contracts that are being

offered by each individual packer to, and are open to acceptance

by, producers for the purchase of swine.

(c) Confidentiality

The reporting requirements under subsections (a) and (b) of this

section shall be subject to the confidentiality protections

provided under section 1636 of this title.

(d) Information collection

(1) In general

The Secretary shall -

(A) obtain (by a filing or other procedure required of each

individual packer) information indicating what types of

contracts for the purchase of swine are available from each

packer; and

(B) make the information available in a monthly report to

swine producers and other interested persons.

(2) Contracted swine numbers

Each packer shall provide, and the Secretary shall collect and

publish in the monthly report required under paragraph (1)(B),

information specifying -

(A) the types of existing contracts for each packer;

(B) the provisions contained in each contract that provide

for expansion in the numbers of swine to be delivered under the

contract for the following 6-month and 12-month periods;

(C) an estimate of the total number of swine committed by

contract for delivery to all packers within the 6-month and

12-month periods following the date of the report, reported by

reporting region and by type of contract; and

(D) an estimate of the maximum total number of swine that

potentially could be delivered within the 6-month and 12-month

periods following the date of the report under the provisions

described in subparagraph (B) that are included in existing

contracts, reported by reporting region and by type of

contract.

(e) Violations

It shall be unlawful and a violation of this subchapter for any

packer to willfully fail or refuse to provide to the Secretary

accurate information required under, or to willfully fail or refuse

to comply with any requirement of, this section.

(f) Authorization of appropriations

There are authorized to be appropriated such sums as necessary to

carry out this section.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 222, as added Pub. L.

106-78, title IX, Sec. 934(2), Oct. 22, 1999, 113 Stat. 1208.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-CITE-

7 USC Sec. 198b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER II - PACKERS GENERALLY

Part B - Swine Packer Marketing Contracts

-HEAD-

Sec. 198b. Report on the Secretary's jurisdiction, power, duties,

and authorities

-STATUTE-

(a) Definition of packer

In this section, the term ''packer'' has the meaning given the

term in section 191 of this title.

(b) Report

Not later than 90 days after October 22, 1999, the Comptroller

General of the United States shall provide to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a report

describing the jurisdiction, powers, duties, and authorities of the

Secretary that relate to packers and other persons involved in

procuring, slaughtering, or processing swine, pork, or pork

products that are covered by this Act and other laws, including -

(1) the Federal Trade Commission Act (15 U.S.C. 41 et seq.),

especially sections 6, 8, 9, and 10 of that Act (15 U.S.C. 46,

48, 49, and 50); and

(2) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et

seq.).

(c) Contents

The Comptroller General shall include in the report an analysis

of -

(1) burdens on and obstructions to commerce in swine, pork, and

pork products by packers, and other persons that enter into

arrangements with the packers, that are contrary to, or do not

protect, the public interest;

(2) noncompetitive pricing arrangements between or among

packers, or other persons involved in the processing,

distribution, or sale of pork and pork products, including

arrangements provided for in contracts for the purchase of swine;

(3) the effective monitoring of contracts entered into between

packers and swine producers;

(4) investigations that relate to, and affect, the disclosure

of -

(A) transactions involved in the business conduct and

practices of packers; and

(B) the pricing of swine paid to producers by packers and the

pricing of products in the pork and pork product merchandising

chain;

(5) the adequacy of the authority of the Secretary to prevent a

packer from unjustly or arbitrarily refusing to offer a producer,

or disqualifying a producer from eligibility for, a particular

contract or type of contract for the purchase of swine; and

(6) the ability of the Secretary to cooperate with and enhance

the enforcement of actions initiated by other Federal departments

and agencies, or Federal independent agencies, to protect trade

and commerce in the pork and pork product industries against

unlawful restraints and monopolies.

-SOURCE-

(Aug. 15, 1921, ch. 64, title II, Sec. 223, as added Pub. L.

106-78, title IX, Sec. 934(2), Oct. 22, 1999, 113 Stat. 1209.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 942 of Pub. L. 106-78,

see Livestock Mandatory Reporting note set out under section 1635

of this title.

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (b)(1),

is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of Title 15, Commerce and Trade. For complete classification of

this Act to the Code, see section 58 of Title 15 and Tables.

The Agricultural Marketing Act of 1946, referred to in subsec.

(b)(2), is title II of act Aug. 14, 1946, ch. 966, 60 Stat. 1087,

as amended, which is classified generally to chapter 38 (Sec. 1621

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1621 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 198 of this title.

-CITE-

7 USC SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

.

-HEAD-

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-CITE-

7 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 201. ''Stockyard owner''; ''stockyard services''; ''market

agency''; ''dealer''; defined

-STATUTE-

When used in this chapter -

(a) The term ''stockyard owner'' means any person engaged in the

business of conducting or operating a stockyard;

(b) The term ''stockyard services'' means services or facilities

furnished at a stockyard in connection with the receiving, buying,

or selling on a commission basis or otherwise, marketing, feeding,

watering, holding, delivery, shipment, weighing, or handling in

commerce, or livestock;

(c) The term ''market agency'' means any person engaged in the

business of (1) buying or selling in commerce livestock on a

commission basis or (2) furnishing stockyard services; and

(d) The term ''dealer'' means any person, not a market agency,

engaged in the business of buying or selling in commerce livestock,

either on his own account or as the employee or agent of the vendor

or purchaser.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 301, 42 Stat. 163; Pub. L.

85-909, Sec. 2(1), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 94-410,

Sec. 3(c), Sept. 13, 1976, 90 Stat. 1249.)

-MISC1-

AMENDMENTS

1976 - Subsecs. (b) to (d). Pub. L. 94-410 substituted

''livestock'' for ''live stock''.

1958 - Subsecs. (c), (d). Pub. L. 85-909 struck out ''at a

stockyard'' after ''livestock''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 203 of this title.

-CITE-

7 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 202. ''Stockyard'' defined; determination by Secretary as to

particular yard

-STATUTE-

(a) When used in this subchapter the term ''stockyard'' means any

place, establishment, or facility commonly known as stockyards,

conducted, operated, or managed for profit or nonprofit as a public

market for livestock producers, feeders, market agencies, and

buyers, consisting of pens, or other inclosures, and their

appurtenances, in which live cattle, sheep, swine, horses, mules,

or goats are received, held, or kept for sale or shipment in

commerce.

(b) The Secretary shall from time to time ascertain, after such

inquiry as he deems necessary, the stockyards which come within the

foregoing definition, and shall give notice thereof to the

stockyard owners concerned, and give public notice thereof by

posting copies of such notice in the stockyard, and in such other

manner as he may determine. After the giving of such notice to the

stockyard owner and to the public, the stockyard shall remain

subject to the provisions of this subchapter until like notice is

given by the Secretary that such stockyard no longer comes within

the foregoing definition.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 302, 42 Stat. 163; Pub. L.

85-909, Sec. 2(2), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90-446,

Sec. 1(a), July 31, 1968, 82 Stat. 474.)

-MISC1-

AMENDMENTS

1968 - Subsec. (a). Pub. L. 90-446 substituted ''operated, or

managed for profit or nonprofit as a public market for livestock

producers, feeders, market agencies, and buyers'' for ''or operated

for compensation or profit as a public market''.

1958 - Subsec. (a). Pub. L. 85-909 struck out ''Said sections

shall not apply to a stockyard of which the area normally available

for handling livestock, exclusive of runs, alleys, or passage ways,

is less than twenty thousand square feet.''

TRANSPORTATION OF LIVESTOCK

Section 2(2) of Pub. L. 85-909 provided in part: ''That nothing

herein (this section) shall be deemed as a definition of the term

'public stockyards' as used in section 15(5) of the Interstate

Commerce Act (former 49 U.S.C. 15(5)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 207 of this title.

-CITE-

7 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 203. Activity as stockyard dealer or market agency; benefits

to business and welfare of stockyard; registration; penalty for

failure to register

-STATUTE-

After the expiration of thirty days after the Secretary has given

public notice that any stockyard is within the definition of

section 202 of this title, by posting copies of such notice in the

stockyard, no person shall carry on the business of a market agency

or dealer at such stockyard unless (1) the stockyard owner has

determined that his services will be beneficial to the business and

welfare of said stockyard, its patrons, and customers, which

determination shall be made on a basis which is not unreasonable or

unjustly discriminatory, and has given written authorization to

such person, and (2) he has registered with the Secretary, under

such rules and regulations as the Secretary may prescribe, his name

and address, the character of business in which he is engaged, and

the kinds of stockyards services, if any, which he furnishes at

such stockyard. Every other person operating as a market agency or

dealer as defined in section 201 of this title may be required to

register in such manner as the Secretary may prescribe. Whoever

violates the provisions of this section shall be liable to a

penalty of not more than $500 for each such offense and not more

than $25 for each day it continues, which shall accrue to the

United States and may be recovered in a civil action brought by the

United States.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 303, 42 Stat. 163; Pub. L.

85-909, Sec. 2(3), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90-446,

Sec. 1(b), July 31, 1968, 82 Stat. 474.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-446 designated existing provisions as cl. (2)

and added cl. (1).

1958 - Pub. L. 85-909 inserted ''Every other person operating as

a market agency or dealer as defined in section 201 of this title

may be required to register in such manner as the Secretary may

prescribe.''

-CITE-

7 USC Sec. 204 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 204. Bond and suspension of registrants

-STATUTE-

On and after July 12, 1943, the Secretary may require reasonable

bonds from every market agency (as defined in this subchapter),

every packer (as defined in subchapter II of this chapter) in

connection with its livestock purchasing operations (except that

those packers whose average annual purchases do not exceed $500,000

will be exempt from the provisions of this paragraph), and every

other person operating as a dealer (as defined in this subchapter)

under such rules and regulations as he may prescribe, to secure the

performance of their obligations, and whenever, after due notice

and hearing, the Secretary finds any registrant is insolvent or has

violated any provisions of this chapter he may issue an order

suspending such registrant for a reasonable specified period. Such

order of suspension shall take effect within not less than five

days, unless suspended or modified or set aside by the Secretary or

a court of competent jurisdiction. If the Secretary finds any

packer is insolvent, he may after notice and hearing issue an order

under the provisions of section 193 of this title requiring such

packer to cease and desist from purchasing livestock while

insolvent, or while insolvent purchasing livestock except under

such conditions as the Secretary may prescribe to effectuate the

purposes of this chapter.

-SOURCE-

(July 12, 1943, ch. 215, 57 Stat. 422; Pub. L. 94-410, Sec. 1, 4,

Sept. 13, 1976, 90 Stat. 1249.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Agriculture

Appropriation Act, 1944, act July 12, 1943, and not as part of the

Packers and Stockyards Act, 1921, which comprises this chapter.

-MISC3-

AMENDMENTS

1976 - Pub. L. 94-410 inserted provisions exempting market

agencies and packers whose average annual purchases do not exceed

$500,000 from bonding requirement and authorizing Secretary, after

notice and hearing, to issue cease and desist orders to insolvent

packers prohibiting the purchase of livestock except under

conditions prescribed by Secretary, respectively.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

July 22, 1942, ch. 516, 56 Stat. 689.

July 1, 1941, ch. 267, 55 Stat. 432.

June 25, 1940, ch. 421, 54 Stat. 557.

June 30, 1939, ch. 253, title I, 53 Stat. 970.

June 16, 1938, ch. 464, title I, 52 Stat. 721.

June 29, 1937, ch. 404, 50 Stat. 406.

June 4, 1936, ch. 489, 49 Stat. 1432.

May 17, 1935, ch. 131, title I, 49 Stat. 257.

Mar. 26, 1934, ch. 89, 48 Stat. 477.

Mar. 3, 1933, ch. 203, 47 Stat. 1441.

July 7, 1932, ch. 443, 47 Stat. 620.

Feb. 23, 1931, ch. 278, 46 Stat. 1252.

May 27, 1930, ch. 341, 46 Stat. 402.

Feb. 16, 1929, ch. 227, 45 Stat. 1198.

May 16, 1928, ch. 572, 45 Stat. 547.

Jan. 18, 1927, ch. 39, 44 Stat. 1002.

May 11, 1926, ch. 286, 44 Stat. 527.

Feb. 10, 1925, ch. 200, 43 Stat. 851.

June 5, 1924, ch. 266, 43 Stat. 460.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 228c of this title; title

11 section 525.

-CITE-

7 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 205. General duty as to services; revocation of registration

-STATUTE-

All stockyard services furnished pursuant to reasonable request

made to a stockyard owner or market agency at such stockyard shall

be reasonable and nondiscriminatory and stockyard services which

are furnished shall not be refused on any basis that is

unreasonable or unjustly discriminatory: Provided, That in any

State where the weighing of livestock at a stockyard is conducted

by a duly authorized department or agency of the State, the

Secretary, upon application of such department or agency, may

register it as a market agency for the weighing of livestock

received in such stockyard, and upon such registration such

department or agency and the members thereof shall be amenable to

all the requirements of this chapter, and upon failure of such

department or agency or the members thereof to comply with the

orders of the Secretary under this chapter he is authorized to

revoke the registration of such department or agency and to enforce

such revocation as provided in section 216 of this title.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 304, 42 Stat. 164; May 5,

1926, ch. 240, 44 Stat. 397; Pub. L. 90-446, Sec. 1(c), July 31,

1968, 82 Stat. 474.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-446 inserted provision requiring that stockyard

services which are furnished not be refused on any basis that is

unreasonable or unjustly discriminatory.

1926 - Act May 5, 1926, inserted proviso.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 211 of this title.

-CITE-

7 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 206. Rates and charges generally; discrimination

-STATUTE-

All rates or charges made for any stockyard services furnished at

a stockyard by a stockyard owner or market agency shall be just,

reasonable, and nondiscriminatory, and any unjust, unreasonable, or

discriminatory rate or charge is prohibited and declared to be

unlawful: Provided, That rates and charges based upon percentages

of the gross sales prices of livestock shall not be prohibited

merely because they are based upon such percentages rather than on

a per head basis.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 305, 42 Stat. 164; Pub. L.

95-409, Sec. 1(a), Oct. 2, 1978, 92 Stat. 886.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-409 inserted proviso that rates and charges

based upon percentages of gross sales of livestock shall not be

prohibited merely because based on such percentages rather than on

a per head basis.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 211 of this title.

-CITE-

7 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 207. Schedule of rates

-STATUTE-

(a) Filing; public inspection

Within sixty days after the Secretary has given public notice

that a stockyard is within the definition of section 202 of this

title, by posting copies of such notice in the stockyard, the

stockyard owner and every market agency at such stockyard shall

file with the Secretary, and print and keep open to public

inspection at the stockyard, schedules showing all rates and

charges for the stockyard services furnished by such person at such

stockyard. If a market agency commences business at the stockyard

after the expiration of such sixty days such schedules must be

filed before any stockyard services are furnished.

(b) Detail required; form

Such schedules shall plainly state all such rates and charges in

such detail as the Secretary may require, and shall also state any

rules or regulations which in any manner change, affect, or

determine any part or the aggregate of such rates or charges, or

the value of the stockyard services furnished. The Secretary may

determine and prescribe the form and manner in which such schedules

shall be prepared, arranged, and posted, and may from time to time

make such changes in respect thereto as may be found expedient.

(c) Changes

No changes shall be made in the rates or charges so filed and

published, except after ten days' notice to the Secretary and to

the public filed and published as aforesaid, which shall plainly

state the changes proposed to be made and the time such changes

will go into effect; but the Secretary may, for good cause shown,

allow changes on less than ten days' notice, or modify the

requirements of this section in respect to publishing, posting, and

filing of schedules, either in particular instances or by a general

order applicable to special or peculiar circumstances or

conditions.

(d) Rejection by Secretary

The Secretary may reject and refuse to file any schedule tendered

for filing which does not provide and give lawful notice of its

effective date, and any schedule so rejected by the Secretary shall

be void and its use shall be unlawful.

(e) Determination of lawfulness; hearing; suspension

Whenever there is filed with the Secretary any schedule, stating

a new rate or charge, or a new regulation or practice affecting any

rate or charge, the Secretary may either upon complaint or upon his

own initiative without complaint, at once, and if he so orders

without answer or other formal pleading by the person filing such

schedule, but upon reasonable notice, enter upon a hearing

concerning the lawfulness of such rate, charge, regulation, or

practice, and pending such hearing and decision thereon the

Secretary, upon filing with such schedule and delivering to the

person filing it a statement in writing of his reasons for such

suspension, may suspend the operation of such schedule and defer

the use of such rate, charge, regulation, or practice, but not for

a longer period than thirty days beyond the time when it would

otherwise go into effect; and after full hearing, whether completed

before or after the rate, charge, regulation, or practice goes into

effect, the Secretary may make such order with reference thereto as

would be proper in a proceeding initiated after it had become

effective. If any such hearing cannot be concluded within the

period of suspension the Secretary may extend the time of

suspension for a further period not exceeding thirty days, and if

the proceeding has not been concluded and an order made at the

expiration of such thirty days, the proposed change of rate,

charge, regulation, or practice shall go into effect at the end of

such period.

(f) Suspension of operations; compliance

After the expiration of the sixty days referred to in subsection

(a) of this section, no person shall carry on the business of a

stockyard owner or market agency unless the rates and charges for

the stockyard services furnished at the stockyard have been filed

and published in accordance with this section and the orders of the

Secretary made thereunder; nor charge, demand, or collect a greater

or less or different compensation for such services than the rates

and charges specified in the schedules filed and in effect at the

time; nor refund or remit in any manner any portion of the rates or

charges so specified (but this shall not prohibit a cooperative

association of producers from bona fide returning to its members,

on a patronage basis, its excess earnings on their livestock,

subject to such regulations as the Secretary may prescribe); nor

extend to any person at such stockyard any stockyard services

except such as are specified in such schedules.

(g) Penalty

Whoever fails to comply with the provisions of this section or of

any regulation or order of the Secretary made thereunder shall be

liable to a penalty of not more than $500 for each such offense,

and not more than $25 for each day it continues, which shall accrue

to the United States and may be recovered in a civil action brought

by the United States.

(h) Intentional violations; penalty

Whoever willfully fails to comply with the provisions of this

section or of any regulation or order of the Secretary made

thereunder shall on conviction be fined not more than $1,000, or

imprisoned not more than one year, or both.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 306, 42 Stat. 164; Pub. L.

94-410, Sec. 3(c), Sept. 13, 1976, 90 Stat. 1249.)

-MISC1-

AMENDMENTS

1976 - Subsec. (f). Pub. L. 94-410 substituted ''livestock'' for

''live stock'' after ''earnings on their''.

-CITE-

7 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 208. Unreasonable or discriminatory practices generally;

rights of stockyard owner of management and regulation

-STATUTE-

(a) It shall be the duty of every stockyard owner and market

agency to establish, observe, and enforce just, reasonable, and

nondiscriminatory regulations and practices in respect to the

furnishing of stockyard services, and every unjust, unreasonable,

or discriminatory regulation or practice is prohibited and declared

to be unlawful.

(b) It shall be the responsibility and right of every stockyard

owner to manage and regulate his stockyard in a just, reasonable,

and nondiscriminatory manner, to prescribe rules and regulations

and to require those persons engaging in or attempting to engage in

the purchase, sale, or solicitation of livestock at such stockyard

to conduct their operations in a manner which will foster,

preserve, or insure an efficient, competitive public market. Such

rules and regulations shall not prevent a registered market agency

or dealer from rendering service on other markets or in occasional

and incidental off-market transactions.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 307, 42 Stat. 165; Pub. L.

90-446, Sec. 1(d), July 31, 1968, 82 Stat. 475.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-446 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 211 of this title.

-CITE-

7 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 209. Liability to individuals for violations; enforcement

generally

-STATUTE-

(a) If any person subject to this chapter violates any of the

provisions of this chapter, or of any order of the Secretary under

this chapter, relating to the purchase, sale, or handling of

livestock, the purchase or sale of poultry, or relating to any

poultry growing arrangement or swine production contract, he shall

be liable to the person or persons injured thereby for the full

amount of damages sustained in consequence of such violation.

(b) Such liability may be enforced either (1) by complaint to the

Secretary as provided in section 210 of this title, or (2) by suit

in any district court of the United States of competent

jurisdiction; but this section shall not in any way abridge or

alter the remedies now existing at common law or by statute, but

the provisions of this chapter are in addition to such remedies.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 308, 42 Stat. 165; Pub. L.

94-410, Sec. 6, Sept. 13, 1976, 90 Stat. 1250; Pub. L. 100-173,

Sec. 5, Nov. 23, 1987, 101 Stat. 918; Pub. L. 107-171, title X,

Sec. 10502(b)(2)(B), May 13, 2002, 116 Stat. 510.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171 inserted ''or swine

production contract'' after ''poultry growing arrangement''.

1987 - Subsec. (a). Pub. L. 100-173 inserted ''the purchase or

sale of poultry, or relating to any poultry growing arrangement,''

after ''livestock,''.

1976 - Subsec. (a). Pub. L. 94-410 struck out references to

violations of specific sections and added packers to categories of

regulated persons against whom private action could be brought for

violation of chapter.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-173 effective 90 days after Nov. 23,

1987, see section 12 of Pub. L. 100-173, set out as a note under

section 182 of this title.

-CITE-

7 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 210. Proceedings before Secretary for violations

-STATUTE-

(a) Complaint; response; satisfaction or investigation

Any person complaining of anything done or omitted to be done by

any stockyard owner, market agency, or dealer (hereinafter in this

section referred to as the ''defendant'') in violation of the

provisions of this subchapter, or of an order of the Secretary made

under this subchapter, may, at any time within ninety days after

the cause of action accrues, apply to the Secretary by petition

which shall briefly state the facts, whereupon the complaint thus

made shall be forwarded by the Secretary to the defendant, who

shall be called upon to satisfy the complaint, or to answer it in

writing, within a reasonable time to be specified by the Secretary.

If the defendant within the time specified makes reparation for the

injury alleged to be done he shall be relieved of liability to the

complainant only for the particular violation thus complained of.

If the defendant does not satisfy the complaint within the time

specified, or there appears to be any reasonable ground for

investigating the complaint, it shall be the duty of the Secretary

to investigate the matters complained of in such manner and by such

means as he deems proper.

(b) Complaints forwarded by agencies of a State or Territory

The Secretary, at the request of the livestock commissioner,

board of agriculture, or other agency of a State or Territory,

having jurisdiction over stockyards in such State or Territory,

shall investigate any complaint forwarded by such agency in like

manner and with the same authority and powers as in the case of a

complaint made under subsection (a) of this section.

(c) Inquiries instituted by Secretary

The Secretary may at any time institute an inquiry on his own

motion, in any case and as to any matter or thing concerning which

a complaint is authorized to be made to or before the Secretary, by

any provision of this subchapter, or concerning which any question

may arise under any of the provisions of this subchapter, or

relating to the enforcement of any of the provisions of this

subchapter. The Secretary shall have the same power and authority

to proceed with any inquiry instituted upon his own motion as

though he had been appealed to by petition, including the power to

make and enforce any order or orders in the case or relating to the

matter or thing concerning which the inquiry is had, except orders

for the payment of money.

(d) Damage to complainant not required

No complaint shall at any time be dismissed because of the

absence of direct damage to the complainant.

(e) Award and payment of damages

If after hearing on a complaint the Secretary determines that the

complainant is entitled to an award of damages, the Secretary shall

make an order directing the defendant to pay to the complainant the

sum to which he is entitled on or before a day named.

(f) Enforcement of orders

If the defendant does not comply with an order for the payment of

money within the time limit in such order, the complainant, or any

person for whose benefit such order was made, may within one year

of the date of the order file in the district court of the United

States for the district in which he resides or in which is located

the principal place of business of the defendant or in any State

court having general jurisdiction of the parties, a petition

setting forth briefly the causes for which he claims damages, and

the order of the Secretary in the premises. Such suit in the

district court shall proceed in all respects like other civil suits

for damages except that the findings and orders of the Secretary

shall be prima facie evidence of the facts therein stated, and the

petitioner shall not be liable for costs in the district court nor

for costs at any subsequent stage of the proceedings unless they

accrue upon his appeal. If the petitioner finally prevails, he

shall be allowed a reasonable attorney's fee to be taxed and

collected as a part of the costs of the suit.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 309, 42 Stat. 165; Pub. L.

94-410, Sec. 3(c), Sept. 13, 1976, 90 Stat. 1249.)

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-410 substituted ''livestock'' for

''live-stock'' after ''request of the''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 209, 211 of this title;

title 28 section 2342.

-CITE-

7 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 211. Order of Secretary as to charges or practices;

prescribing rates and practices generally

-STATUTE-

Whenever after full hearing upon a complaint made as provided in

section 210 of this title, or after full hearing under an order for

investigation and hearing made by the Secretary on his own

initiative, either in extension of any pending complaint or without

any complaint whatever, the Secretary is of the opinion that any

rate, charge, regulation, or practice of a stockyard owner or

market agency, for or in connection with the furnishing of

stockyard services, is or will be violative of section 205, 206, or

208 of this title, the Secretary -

(a) May in accordance with the standard set forth in section 206

of this title determine and prescribe what will be the rate or

charge, or rates or charges, to be thereafter in such case observed

as the maximum or minimum or both to be charged, and what

regulation or practice is or will be just, reasonable, and

nondiscriminatory to be thereafter followed: Provided, That the

Secretary shall prescribe the rate or charge, or rates or charges,

on a percentage or per head basis at the election of the stockyard

owner or market agency, or on any other basis elected by the

stockyard owner or market agency unless the Secretary finds such

other basis to be violative of section 206 of this title; and

(b) May make an order that such owner or operator (1) shall cease

and desist from such violation to the extent to which the Secretary

finds that it does or will exist; (2) shall not thereafter publish,

demand, or collect any rate or charge for the furnishing of

stockyard services other than the rate or charge or rates or

charges so prescribed; and (3) shall conform to and observe the

regulation or practice so prescribed.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 310, 42 Stat. 166; Aug. 10,

1939, ch. 663, 53 Stat. 1351; Pub. L. 95-409, Sec. 1(b), Oct. 2,

1978, 92 Stat. 886.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-409, Sec. 1(b)(1), in provision preceding

subsec. (a), substituted ''violative of section 205, 206 or 208 of

this title'' for ''unjust, unreasonable, or discriminatory''.

Subsec. (a). Pub. L. 95-409, Sec. 1(b)(2), substituted ''May in

accordance with the standard set forth in section 206 of this title

determine and prescribe what will be the rate'' for ''May determine

and prescribe what will be the just and reasonable rate'', and ''as

the maximum or minimum or both'' for ''as both the maximum and

minimum'', and inserted proviso relating to prescription by the

Secretary of rates or charges on a percentage or per head basis at

the election of the owner or agency or any other basis unless

violative of section 206 of this title.

Subsec. (b). Pub. L. 95-409, Sec. 1(b)(3), substituted ''other

than the rate or charge or rates or charges'' for ''more or less

than the rate or charge''.

1939 - Subsec. (a). Act Aug. 10, 1939, substituted ''as both''

for ''or the''.

Subsec. (b)(2). Act Aug. 10, 1939, substituted ''more or less

than the rate or charge so prescribed'' for ''other than the rate

or charge so prescribed, or in excess of the maximum or less than

the minimum so prescribed, as the case may be''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 215 of this title.

-CITE-

7 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 212. Prescribing rates and practices to prevent discrimination

between intrastate and interstate commerce

-STATUTE-

Whenever in any investigation under the provisions of this

subchapter, or in any investigation instituted by petition of the

stockyard owner, market agency, or dealer concerned, which petition

is authorized to be filed, the Secretary after full hearing finds

that any rate, charge, regulation, or practice of any stockyard

owner, market agency, or dealer, for or in connection with the

buying or selling on a commission basis or otherwise, receiving,

marketing, feeding, holding, delivery, shipment, weighing, or

handling, not in commerce, of livestock, causes any undue or

unreasonable advantage, prejudice, or preference as between persons

or localities in intrastate commerce in livestock on the one hand

and interstate or foreign commerce in livestock on the other hand,

or any undue, unjust, or unreasonable discrimination against

interstate or foreign commerce in livestock, which is hereby

forbidden and declared to be unlawful, the Secretary shall

prescribe the rate, charge, regulation, or practice thereafter to

be observed, in such manner as, in his judgment, will remove such

advantage, preference, or discrimination. Such rates, charges,

regulations, or practices shall be observed while in effect by the

stockyard owners, market agencies, or dealers parties to such

proceeding affected thereby, the law of any State or the decision

or order of any State authority to the contrary notwithstanding.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 311, 42 Stat. 167; Pub. L.

85-909, Sec. 2(4), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 94-410,

Sec. 3(c), Sept. 13, 1976, 90 Stat. 1249.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-410 substituted ''livestock'' for ''live

stock'' wherever appearing.

1958 - Pub. L. 85-909 substituted ''stockyard owner, market

agency, or dealer'' for ''stockyard owner or market agency''

wherever occurring, and ''stockyard owners, market agencies, or

dealers'' for ''stockyard owners or market agencies''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 215 of this title.

-CITE-

7 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

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

practices

-STATUTE-

(a) It shall be unlawful for any stockyard owner, market agency,

or dealer to engage in or use any unfair, unjustly discriminatory,

or deceptive practice or device in connection with determining

whether persons should be authorized to operate at the stockyards,

or with the receiving, marketing, buying, or selling on a

commission basis or otherwise, feeding, watering, holding,

delivery, shipment, weighing, or handling of livestock.

(b) Whenever complaint is made to the Secretary by any person, or

whenever the Secretary has reason to believe, that any stockyard

owner, market agency, or dealer is violating the provisions of

subsection (a) of this section, the Secretary after notice and full

hearing may make an order that he shall cease and desist from

continuing such violation to the extent that the Secretary finds

that it does or will exist. The Secretary may also assess a civil

penalty of not more than $10,000 for each such violation. In

determining the amount of the civil penalty to be assessed under

this section, the Secretary shall consider the gravity of the

offense, the size of the business involved, and the effect of the

penalty on the person's ability to continue in business. If, after

the lapse of the period allowed for appeal or after the affirmance

of such penalty, the person against whom the civil penalty is

assessed fails to pay such penalty, the Secretary may refer the

matter to the Attorney General who may recover such penalty by an

action in the appropriate district court of the United States.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 312, 42 Stat. 167; Pub. L.

85-909, Sec. 2(5), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90-446,

Sec. 1(e), July 31, 1968, 82 Stat. 475; Pub. L. 94-410, Sec. 3,

Sept. 13, 1976, 90 Stat. 1249.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-410, Sec. 3(a), (c), struck out

''in commerce'' after ''or handling'' and substituted ''livestock''

for ''live stock''.

Subsec. (b). Pub. L. 94-410, Sec. 3(b), inserted provisions

dealing with authority of Secretary to assess a civil penalty for

violations and, upon failure to pay, procedure for recovery of such

penalty.

1968 - Subsec. (a). Pub. L. 90-446 inserted ''determining whether

persons should be authorized to operate at stockyards, or with''

after ''in connection with''.

1958 - Subsec. (a). Pub. L. 85-909 struck out ''at a stockyard''

after ''in commerce''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 215 of this title.

-CITE-

7 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 214. Effective date of orders

-STATUTE-

Except as otherwise provided in this chapter all orders of the

Secretary under this subchapter, other than orders for the payment

of money, shall take effect within such reasonable time, not less

than five days, as is prescribed in the order, and shall continue

in force until his further order, or for a specified period of

time, according as is prescribed in the order, unless such order is

suspended or modified or set aside by the Secretary or is suspended

or set aside by a court of competent jurisdiction.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 313, 42 Stat. 167.)

-CITE-

7 USC Sec. 215 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 215. Failure to obey orders; punishment

-STATUTE-

(a) Any stockyard owner, market agency, or dealer who knowingly

fails to obey any order made under the provisions of sections 211,

212, or 213 of this title shall forfeit to the United States the

sum of $500 for each offense. Each distinct violation shall be a

separate offense, and in case of a continuing violation each day

shall be deemed a separate offense. Such forfeiture shall be

recoverable in a civil suit in the name of the United States.

(b) It shall be the duty of the various United States attorneys,

under the direction of the Attorney General, to prosecute for the

recovery of forfeitures. The costs and expense of such prosecution

shall be paid out of the appropriation for the expenses of the

courts of the United States.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 314, 42 Stat. 167; June 25,

1948, ch. 646, Sec. 1, 62 Stat. 909.)

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorneys'' for ''district attorneys'' in subsec. (a). See

section 541 of Title 28, Judiciary and Judicial Procedure, and

Historical and Revision Notes thereunder.

-CITE-

7 USC Sec. 216 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 216. Proceedings to enforce orders; injunction

-STATUTE-

If any stockyard owner, market agency, or dealer fails to obey

any order of the Secretary other than for the payment of money

while the same is in effect, the Secretary, or any party injured

thereby, or the United States by its Attorney General, may apply to

the district court for the district in which such person has his

principal place of business for the enforcement of such order. If

after hearing the court determines that the order was lawfully made

and duly served and that such person is in disobedience of the

same, the court shall enforce obedience to such order by a writ of

injunction or other proper process, mandatory or otherwise, to

restrain such person, his officers, agents, or representatives from

further disobedience of such order or to enjoin upon him or them

obedience to the same.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 315, 42 Stat. 167.)

-CROSS-

FEDERAL RULES OF CIVIL PROCEDURE

Injunctions, see rule 65, Title 28, Appendix, Judiciary and

Judicial Procedure.

-CITE-

7 USC Sec. 217 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 217. Proceedings for suspension of orders

-STATUTE-

For the purposes of this subchapter, the provisions of all laws

relating to the suspending or restraining the enforcement,

operation, or execution of, or the setting aside in whole or in

part the orders of the Interstate Commerce Commission, are made

applicable to the jurisdiction, powers, and duties of the Secretary

in enforcing the provisions of this subchapter, and to any person

subject to the provisions of this subchapter.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 316, 42 Stat. 168.)

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-CITE-

7 USC Sec. 217a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS

-HEAD-

Sec. 217a. Fees for inspection of brands or marks

-STATUTE-

(a) Authorization by Secretary; registration as market agency

The Secretary may, upon written application made to him, and if

he deems it necessary, authorize the charging and collection, at

any stockyard subject to the provisions of this chapter, by any

department or agency of any State in which branding or marking or

both branding and marking livestock as a means of establishing

ownership prevails by custom or statute, or by a duly organized

livestock association of any such State, of a reasonable and

nondiscriminatory fee for the inspection of brands, marks, and

other identifying characteristics of livestock originating in or

shipped from such State, for the purpose of determining the

ownership of such livestock. No charge shall be made under any

such authorization until the authorized department, agency, or

association has registered as a market agency. No more than one

such authorization shall be issued with respect to such inspection

of livestock originating in or shipped from any one State. If more

than one such application is filed with respect to such inspection

of livestock originating in or shipped from any one State, the

Secretary shall issue such authorization to the applicant deemed by

him best qualified to perform the proposed service, on the basis of

(1) experience, (2) financial responsibility, (3) extent and

efficiency of organization, (4) possession of necessary records,

and (5) any other factor relating to the ability of the applicant

to perform the proposed service. The Secretary may receive and

consider the recommendations of the commissioner, secretary, or

director of agriculture, or other appropriate officer or agency of

a State as to the qualifications of any applicant in such State.

The decision of the Secretary as to the applicant best qualified

shall be final.

(b) Applicability of section

The provisions of this subchapter, relating to the filing,

publication, approval, modification, and suspension of any rate or

charge for any stockyard service shall apply with respect to

charges authorized to be made under this section.

(c) Collection and payment of charges

Charges authorized to be made under this section shall be

collected by the market agency or other person receiving and

disbursing the funds received from the sale of livestock with

respect to the inspection of which such charge is made, and paid by

it to the department, agency, or association performing such

service.

(d) Revocation of authorization or registration

The Secretary may, if he deems it to be in the public interest,

suspend, and after hearing, revoke any authorization and

registration issued under the provisions of this section or any

similar authorization and registration issued under any other

provision of law. The order of the Secretary suspending or

revoking any such authorization and registration shall not be

subject to review.

-SOURCE-

(Aug. 15, 1921, ch. 64, title III, Sec. 317, as added June 19,

1942, ch. 421, 56 Stat. 372.)

-MISC1-

PRIOR PROVISIONS

Former provisions relating to fees for inspection of brands

appearing upon livestock were contained in section 231 of this

title.

ADMINISTRATIVE ORDERS REVIEW ACT

Court of appeals exclusive jurisdiction respecting final orders

of Secretary of Agriculture under this chapter, except orders

issued under section 210(e) of this title and this section, see

section 2342 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2342.

-CITE-

7 USC SUBCHAPTER IV - LIVE POULTRY DEALERS AND HANDLERS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER IV - LIVE POULTRY DEALERS AND HANDLERS

.

-HEAD-

SUBCHAPTER IV - LIVE POULTRY DEALERS AND HANDLERS

-CITE-

7 USC Sec. 218 to 218d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER IV - LIVE POULTRY DEALERS AND HANDLERS

-HEAD-

Sec. 218 to 218d. Repealed. Pub. L. 100-173, Sec. 10, Nov. 23,

1987, 101 Stat. 922

-MISC1-

Section 218, act Aug. 15, 1921, ch. 64, title V, Sec. 501, as

added Aug. 14, 1935, ch. 532, 49 Stat. 648, stated necessity to

curb unfair, deceptive, and fraudulent practices relating to live

poultry.

Section 218a, act Aug. 15, 1921, ch. 64, title V, Sec. 502, as

added Aug. 14, 1935, ch. 532, 49 Stat. 648, authorized Secretary to

designate cities and markets where unfair practices exist, to

require licensing, and to prescribe information to be contained in

application license, and authorized penalty for dealing without

license.

Section 218b, act Aug. 15, 1921, ch. 64, title V, Sec. 503, as

added Aug. 14, 1935, ch. 532, 49 Stat. 649, defined ''live poultry

dealer''.

Section 218c, act Aug. 15, 1921, ch. 64, title V, Sec. 504, as

added Aug. 14, 1935, ch. 532, 49 Stat. 649, related to application

of other provisions of this chapter to this subchapter and posting

of rates, charges, and rentals in licensee's place of business.

Section 218d, act Aug. 15, 1921, ch. 64, title V, Sec. 505, as

added Aug. 14, 1935, ch. 532, 49 Stat. 649, related to suspension

and revocation of licenses.

EFFECTIVE DATE OF REPEAL

Repeal effective 90 days after Nov. 23, 1987, see section 12 of

Pub. L. 100-173, set out as an Effective Date of 1987 Amendment

note under section 182 of this title.

-CITE-

7 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER V - GENERAL PROVISIONS

-CITE-

7 USC Sec. 221 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 221. Accounts and records of business; punishment for failure

to keep

-STATUTE-

Every packer, any swine contractor, and any live poultry dealer,

stockyard owner, market agency, and dealer shall keep such

accounts, records, and memoranda as fully and correctly disclose

all transactions involved in his business, including the true

ownership of such business by stockholding or otherwise. Whenever

the Secretary finds that the accounts, records, and memoranda of

any such person do not fully and correctly disclose all

transactions involved in his business, the Secretary may prescribe

the manner and form in which such accounts, records, and memoranda

shall be kept, and thereafter any such person who fails to keep

such accounts, records, and memoranda in the manner and form

prescribed or approved by the Secretary shall upon conviction be

fined not more than $5,000, or imprisoned not more than three

years, or both.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 401, 42 Stat. 168; Aug. 15,

1921, ch. 64, title V, Sec. 503, as added Aug. 14, 1935, ch. 532,

49 Stat. 649; Pub. L. 100-173, Sec. 6, Nov. 23, 1987, 101 Stat.

918; Pub. L. 107-171, title X, Sec. 10502(b)(2)(C), May 13, 2002,

116 Stat. 510.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171 inserted ''any swine contractor, and''

after ''packer,''.

1987 - Pub. L. 100-173 substituted '', any live poultry dealer,''

for ''or any live poultry dealer or handler,''.

1935 - Act Aug. 15, 1921, title V, Sec. 503, as added Aug. 14,

1935, inserted ''or any live poultry dealer or handler'' after

''packer'' wherever appearing.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-173 effective 90 days after Nov. 23,

1987, see section 12 of Pub. L. 100-173, set out as a note under

section 182 of this title.

LIENS OR SECURITY INTERESTS AGAINST LIVESTOCK; INTERAGENCY TASK

FORCE TO RECOMMEND METHOD OF PROVIDING INFORMATION TO PURCHASERS;

REPORT TO CONGRESS

Pub. L. 95-409, Sec. 2, Oct. 2, 1978, 92 Stat. 887, required the

Secretary of Agriculture to appoint a task force to recommend

methods of providing information to purchasers of livestock

concerning the existence of a lien or security interest against

livestock and to submit a report to Congress not later than Feb. 1,

1979.

-CITE-

7 USC Sec. 222 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 222. Federal Trade Commission powers adopted for enforcement

of chapter

-STATUTE-

For the efficient execution of the provisions of this chapter,

and in order to provide information for the use of Congress, the

provisions (including penalties) of sections 46 and 48 to 50 of

title 15, are made applicable to the jurisdiction, powers, and

duties of the Secretary in enforcing the provisions of this chapter

and to any person subject to the provisions of this chapter,

whether or not a corporation. The Secretary, in person or by such

agents as he may designate, may prosecute any inquiry necessary to

his duties under this chapter in any part of the United States.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 402, 42 Stat. 168; Aug. 15,

1921, ch. 64, title V, Sec. 503, as added Aug. 14, 1935, ch. 532,

49 Stat. 649.)

-MISC1-

AMENDMENTS

1935 - Act Aug. 15, 1921, Sec. 503, as added Aug. 14, 1935,

purported to insert ''or any live poultry dealer or handler'' after

''packer'' but word ''packer'' does not appear in this section.

-TRANS-

TRANSFER OF FUNCTIONS

Executive and administrative functions of Federal Trade

Commission, with certain reservations, transferred to Chairman of

such Commission by 1950 Reorg. Plan No. 8, Sec. 1, eff. May 24,

1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title

5, Government Organization and Employees.

-CITE-

7 USC Sec. 223 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 223. Responsibility of principal for act or omission of agent

-STATUTE-

When construing and enforcing the provisions of this chapter, the

act, omission, or failure of any agent, officer, or other person

acting for or employed by any packer, any swine contractor, and any

live poultry dealer, stockyard owner, market agency, or dealer,

within the scope of his employment or office, shall in every case

also be deemed the act, omission, or failure of such packer, any

swine contractor, and any live poultry dealer, stockyard owner,

market agency, or dealer, as well as that of such agent, officer,

or other person.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 403, 42 Stat. 168; Aug. 15,

1921, ch. 64, title V, Sec. 503, as added Aug. 14, 1935, ch. 532,

49 Stat. 649; amended Pub. L. 100-173, Sec. 6, Nov. 23, 1987, 101

Stat. 918; Pub. L. 107-171, title X, Sec. 10502(b)(2)(C), May 13,

2002, 116 Stat. 510.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171 inserted ''any swine contractor, and''

after ''packer,'' in two places.

1987 - Pub. L. 100-173 substituted '', any live poultry dealer,''

for ''or any live poultry dealer or handler,'' in two places.

1935 - Act Aug. 15, 1921, title V, Sec. 503, as added Aug. 14,

1935, inserted ''or any live poultry dealer or handler'' after

''packer'' wherever appearing.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-173 effective 90 days after Nov. 23,

1987, see section 12 of Pub. L. 100-173, set out as a note under

section 182 of this title.

-CITE-

7 USC Sec. 224 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 224. Attorney General to institute court proceedings for

enforcement

-STATUTE-

The Secretary may report any violation of this chapter to the

Attorney General of the United States, who shall cause appropriate

proceedings to be commenced and prosecuted in the proper courts of

the United States without delay.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 404, 42 Stat. 168; Aug. 15,

1921, ch. 64, title V, Sec. 503, as added Aug. 14, 1935, ch. 532,

49 Stat. 649.)

-MISC1-

AMENDMENTS

1935 - Act Aug. 15, 1921, title V, Sec. 503, as added Aug. 14,

1935, purported to insert ''or any live poultry dealer or handler''

after ''packer'' but word ''packer'' does not appear in this

section.

-CITE-

7 USC Sec. 225 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 225. Laws unaffected

-STATUTE-

Nothing contained in this chapter, except as otherwise provided

herein, shall be construed -

(a) To prevent or interfere with the enforcement of, or the

procedure under, the provisions of the Act entitled ''An Act to

protect trade and commerce against unlawful restraints and

monopolies,'' approved July 2, 1890, the Act entitled ''An Act to

supplement existing laws against unlawful restraints and

monopolies, and for other purposes,'' approved October 15, 1914,

the Interstate Commerce Act as amended, the Act entitled ''An Act

to promote export trade, and for other purposes,'' approved April

10, 1918 (15 U.S.C. 61 et seq.) or sections 73 to 76, inclusive, of

the Act of August 27, 1894, entitled ''An Act to reduce taxation,

to provide revenue for the Government, and for other purposes,'' as

amended by the Act entitled ''An Act to amend sections

seventy-three and seventy-six of the Act of August twenty-seventh,

eighteen hundred and ninety-four, entitled 'An Act to reduce

taxation, to provide revenue for the Government, and for other

purposes,' '' approved February 12, 1913, or

(b) To alter, modify, or repeal such Acts or any part or parts

thereof, or

(c) To prevent or interfere with any investigation, proceeding,

or prosecution begun and pending on August 15, 1921.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 405, 42 Stat. 168; Pub. L.

107-273, div. C, title IV, Sec. 14102(c)(2)(C), Nov. 2, 2002, 116

Stat. 1921.)

-REFTEXT-

REFERENCES IN TEXT

The Act entitled ''An Act to protect trade and commerce against

unlawful restraints and monopolies'', approved July 2, 1890,

referred to in subsec. (a), means act July 2, 1890, ch. 647, 26

Stat. 209, as amended, known as the Sherman Act, which enacted

sections 1 to 7 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 1 of Title 15 and Tables.

The Act entitled ''An Act to supplement existing laws against

unlawful restraints and monopolies and for other purposes'',

approved October 15, 1914, referred to in subsec. (a), is act Oct.

15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton

Act, which is classified generally to sections 12, 13, 14 to 19,

20, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title

29, Labor. For further details and complete classification of the

Act to the Code, see References in Text note set out under section

12 of Title 15 and Tables.

The Interstate Commerce Act, referred to in subsec. (a), is act

Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was

classified to chapters 1 (Sec. 1 et seq.), 8 (Sec. 301 et seq.), 12

(Sec. 901 et seq.), 13 (Sec. 1001 et seq.), and 19 (1231 et seq.)

of Title 49, Transportation. The Act was repealed by Pub. L.

95-473, Sec. 4(b), Oct. 17, 1978, 92 Stat. 1467, the first section

of which enacted subtitle IV (Sec. 10101 et seq.) of Title 49. For

distribution of former sections of Title 49 into the revised Title

49, see Table at the beginning of Title 49.

The Act entitled ''An Act to promote export trade and for other

purposes'', approved April 10, 1918, referred to in subsec. (a),

means act Apr. 10, 1918, ch. 50, 40 Stat. 516, known as the

Webb-Pomerene Act, which is classified generally to subchapter II

(Sec. 61 et seq.) of chapter 2 of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see section 66 of

Title 15 and Tables.

Sections 73 to 76, inclusive, of the Act of August 27, 1894,

entitled ''An Act to reduce taxation, to provide revenue for the

Government, and for other purposes'', referred to in subsec. (a),

are sections 73 to 76 of act Aug. 27, 1894, ch. 349, 28 Stat. 570,

as amended, and are known as the Wilson Tariff Act. Sections 73 to

76 enacted sections 8 to 11 of Title 15. For complete

classification of this Act to the Code, see Short Title note set

out under section 8 of Title 15 and Tables.

The Act entitled ''An Act to amend sections seventy-three and

seventy-six of the Act of August twenty-seventh, eighteen hundred

and ninety-four, entitled, 'An Act to reduce taxation, to provide

revenue for the Government, and for other purposes','' approved

February 12, 1913, referred to in subsec. (a), is act Feb. 12,

1913, ch. 40, 37 Stat. 667, which is classified to sections 8 and

11 of Title 15.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 substituted ''sections 73 to

76'' for ''sections 73 to 77''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to cases commenced on or after Nov. 2,

2002, see section 14103 of Pub. L. 107-273, set out as a note under

section 3 of Title 15, Commerce and Trade.

-CITE-

7 USC Sec. 226 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 226. Powers of Interstate Commerce Commission unaffected

-STATUTE-

Nothing in this chapter shall affect the power or jurisdiction of

the Interstate Commerce Commission, nor confer upon the Secretary

concurrent power or jurisdiction over any matter within the power

or jurisdiction of such commission.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 406(a), 42 Stat. 169.)

-COD-

CODIFICATION

Section is comprised of subsec. (a) of section 406, of act Aug.

15, 1921. Subsecs. (b) to (e) of section 406, as amended, are

classified to section 227 of this title.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 sections 1607, 1681s,

1691c, 1692l, 6505.

-CITE-

7 USC Sec. 227 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 227. Powers of Federal Trade Commission and Secretary of

Agriculture

-STATUTE-

(a) Omitted

(b) Jurisdiction of Federal Trade Commission

The Federal Trade Commission shall have power and jurisdiction

over any matter involving meat, meat food products, livestock

products in unmanufactured form, or poultry products, which by this

chapter is made subject to the power or jurisdiction of the

Secretary, as follows:

(1) When the Secretary in the exercise of his duties requests

of the Commission that it make investigations and reports in any

case.

(2) In any investigation of, or proceeding for the prevention

of, an alleged violation of any Act administered by the

Commission, arising out of acts or transactions involving meat,

meat food products, or livestock products in unmanufactured form,

if the Commission determines that effective exercise of its power

or jurisdiction with respect to retail sales of any such

commodities is or will be impaired by the absence of power or

jurisdiction over all acts or transactions involving such

commodities in such investigation or proceeding. In order to

avoid unnecessary duplication of effort by the Government and

burdens upon the industry, the Commissioner shall notify the

Secretary of such determination, the reasons therefor, and the

acts or transactions involved, and shall not exercise power or

jurisdiction with regard to acts or transactions (other than

retail sales) involving such commodities if the Secretary within

ten days from the date of receipt of the notice notifies the

Commission that there is pending in his Department an

investigation of, or proceeding for the prevention of, an alleged

violation of this chapter involving the same subject matter.

(3) Over all transactions in commerce in margarine,

oleomargarine, or poultry products and over retail sales of meat,

meat food products and livestock products in unmanufactured form.

(c) Limitation of Federal Trade Commission jurisdiction

The Federal Trade Commission shall have no power or jurisdiction

over any matter which by this chapter is made subject to the

jurisdiction of the Secretary, except as provided in subsection (b)

of this section.

(d) Jurisdiction of Secretary of Agriculture except for poultry

products

The Secretary of Agriculture shall exercise power or jurisdiction

over oleomargarine or retail sales of meat, meat food products, or

livestock products in unmanufactured form only when he determines,

in any investigation of, or any proceeding for the prevention of,

an alleged violation of this chapter, that such action is necessary

to avoid impairment of his power or jurisdiction over acts or

transactions involving livestock, meat, meat food products,

livestock products in unmanufactured form, or poultry other than

retail sales thereof. In order to avoid unnecessary duplication of

effort by the Government and burdens upon the industry, the

Secretary shall notify the Federal Trade Commission of such

determination, the reasons therefor, and the acts or transactions

involved, and shall not exercise power or jurisdiction with respect

to acts or transactions involving oleomargarine or retail sales of

meat, meat food products, or livestock products in unmanufactured

form if the Commission within 10 days from the date of receipt of

such notice notifies the Secretary that there is pending in the

Commission an investigation of, or proceeding for the prevention

of, an alleged violation of any Act administered by the Commission

involving the same subject matter.

(e) Jurisdiction of Secretary of Agriculture regarding poultry

products

The Secretary of Agriculture shall exercise jurisdiction over

poultry products only in a proceeding brought under section 197 of

this title or section 228b-1 of this title when such action is

necessary to avoid impairment of his jurisdiction.

(f) Information to be included in annual reports

The Secretary of Agriculture and the Federal Trade Commission

shall include in their respective annual reports information with

respect to the administration of subsections (b), (d), and (e) of

this section.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 406, 42 Stat. 169; Pub. L.

85-909, Sec. 1(2), Sept. 2, 1958, 72 Stat. 1749; Pub. L. 100-173,

Sec. 7, Nov. 23, 1987, 101 Stat. 919; Pub. L. 102-237, title X,

Sec. 1008(2), Dec. 13, 1991, 105 Stat. 1898.)

-COD-

CODIFICATION

Subsection (a) of section 406 is classified to section 226 of

this title.

-MISC3-

AMENDMENTS

1991 - Subsec. (b)(2). Pub. L. 102-237 struck out comma after

''unmanufactured form,''.

1987 - Subsec. (b)(2). Pub. L. 100-173, Sec. 7(1)(A)(ii), which

directed insertion of ''or'' before ''livestock products in

unmanufactured form.'' was executed by making insertion before

''livestock products in unmanufactured form,'' as the probable

intent of Congress.

Pub. L. 100-173, Sec. 7(1)(A)(i), struck out ''or poultry

products'' after ''in unmanufactured form,''.

Subsec. (b)(3). Pub. L. 100-173, Sec. 7(1)(B), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''Over

all transactions in commerce in margarine or oleomargarine and over

retail sales of meat, meat food products, livestock products in

unmanufactured form, and poultry products.''

Subsec. (d). Pub. L. 100-173, Sec. 7(2), amended subsec. (d)

generally, striking out reference to poultry products in two places

and substituting ''10 days'' for ''ten days''.

Subsec. (e). Pub. L. 100-173, Sec. 7(3), (4), added subsec. (e)

and redesignated former subsec. (e) as (f).

Subsec. (f). Pub. L. 100-173, Sec. 7(3), (5), redesignated former

subsec. (e) as (f) and substituted ''subsections (b), (d), and

(e)'' for ''subsections (b) and (d)''.

1958 - Pub. L. 85-909 substituted subsecs. (b) to (e) for former

provisions providing that Federal Trade Commission shall have no

power or jurisdiction over matters within jurisdiction of Secretary

of Agriculture except when Secretary requests Commission to make

investigations and reports in any case, which were incorporated in

subsecs. (b)(1) and (c).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-173 effective 90 days after Nov. 23,

1987, see section 12 of Pub. L. 100-173, set out as a note under

section 182 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Executive and administrative functions of Federal Trade

Commission, with certain reservations, transferred to Chairman of

such Commission by 1950 Reorg. Plan No. 8, Sec. 1, eff. May 24,

1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title

5, Government Organization and Employees.

-MISC5-

CONSTRUCTION OF 1987 AMENDMENTS

Section 11 of Pub. L. 100-173 provided that:

''(a) General Rule. - The amendments made by this Act (see Short

Title of 1987 Amendment note set out under section 181 of this

title) to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et

seq.), shall not be construed to limit or otherwise affect the

power or jurisdiction of the Federal Trade Commission under the

Federal Trade Commission Act (15 U.S.C. 41 et seq.) to prevent the

use of -

''(1) unfair methods of competition in or affecting commerce,

and

''(2) unfair and deceptive acts or practices in or affecting

commerce,

involving poultry products.

''(b) Secretary's Authority. - Subsection (a) shall not be

construed to limit or otherwise affect the authority of the

Secretary of Agriculture under section 406(e), as amended, of the

Packers and Stockyards Act, 1921 (7 U.S.C. 227(e)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 sections 45, 1607, 1681s,

1691c, 1692l, 6505.

-CITE-

7 USC Sec. 228 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228. Authority of Secretary

-STATUTE-

(a) Rules, regulations, and expenditures; appropriations

The Secretary may make such rules, regulations, and orders as may

be necessary to carry out the provisions of this chapter and may

cooperate with any department or agency of the Government, any

State, Territory, District, or possession, or department, agency,

or political subdivision thereof, or any person; and shall have the

power to appoint, remove, and fix the compensation of such officers

and employees, not in conflict with existing law, and make such

expenditures for rent outside the District of Columbia, printing,

telegrams, telephones, law books, books of reference, periodicals,

furniture, stationery, office equipment, travel, and other supplies

and expenses as shall be necessary to the administration of this

chapter in the District of Columbia and elsewhere, and as may be

appropriated for by Congress, and there is authorized to be

appropriated, out of any money in the Treasury not otherwise

appropriated, such sums as may be necessary for such purpose.

(b) Deductions from proceeds for financing promotional,

educational, and research activities

Notwithstanding any other provision of law, the authority of the

Secretary under this chapter shall not apply to deductions made

from sales proceeds for the purpose of financing promotion and

research activities, including educational activities relating to

livestock, meat, and other products covered by the chapter.

(c) Budget estimate; testimony of Secretary before Congressional

committees

On or before February 15 of each calendar year beginning with

calendar year 1977, or such other date as may be specified by the

appropriate committee, the Secretary of Agriculture shall testify

before the Senate Committee on Agriculture, Nutrition, and Forestry

and the House Committee on Agriculture and provide justification in

detail of the amount requested in the budget to be appropriated for

the next fiscal year for the purposes authorized in this chapter.

(d) Development and promulgation of rules governing hearings

The Secretary shall, not later than sixty days after September

13, 1976, prescribe and implement rules to assure that any hearing

from which any order may issue under this chapter or any hearing

the expenses of which are paid from funds authorized to be

appropriated under this chapter shall -

(1) if such hearing concerns a single unit of local government

or the residents thereof, be held within the boundaries of such

unit;

(2) if such hearing concerns a single geographic area within a

State or the residents thereof, be held within the boundaries of

such area; or

(3) if such hearing concerns a single State or the residents

thereof, be held within such State.

(e) Definitions

For the purposes of subsection (d) of this section -

(1) the term ''unit of local government'' means a county,

municipality, town, township, village, or other unit of general

government below the State level; and

(2) the term ''geographic area within a State'' means a special

purpose district or other region recognized for governmental

purposes within such State which is not a unit of local

government.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 407, 42 Stat. 169; Pub. L.

85-909, Sec. 4, Sept. 2, 1958, 72 Stat. 1750; Pub. L. 88-61, July

8, 1963, 77 Stat. 79; Pub. L. 94-410, Sec. 11, Sept. 13, 1976, 90

Stat. 1252; Pub. L. 103-354, title II, Sec. 293(b), Oct. 13, 1994,

108 Stat. 3237; Pub. L. 103-437, Sec. 4(a)(2), Nov. 2, 1994, 108

Stat. 4581.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-354, Sec. 293(b)(1), (2),

redesignated subsec. (c) as (b) and struck out former subsec. (b)

which read as follows: ''The Secretary shall maintain within the

Department of Agriculture a separate enforcement unit to administer

and enforce subchapter II of this chapter.''

Subsec. (c). Pub. L. 103-437, which directed the amendment of

subsec. (d) by substituting ''Committee on Agriculture, Nutrition,

and Forestry'' for ''Committee on Agriculture and Forestry'', was

executed by making the amendment to subsec. (c) to reflect the

probable intent of Congress and the intervening redesignation of

subsec. (d) as (c) by Pub. L. 103-354. See below.

Pub. L. 103-354, Sec. 293(b)(2), redesignated subsec. (d) as (c).

Former subsec. (c) redesignated (b).

Subsecs. (d) to (f). Pub. L. 103-354, Sec. 293(b)(2), (3),

redesignated subsecs. (d) to (f) as (c) to (e), respectively, and

in subsec. (e) substituted ''subsection (d)'' for ''subsection

(e)''.

1976 - Subsecs. (d) to (f). Pub. L. 94-410 added subsecs. (d) to

(f).

1963 - Subsec. (c). Pub. L. 88-61 added subsec. (c).

1958 - Pub. L. 85-909 designated existing provisions as subsec.

(a) and added subsec. (b).

-CITE-

7 USC Sec. 228a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228a. Authority of Secretary to request temporary injunction

or restraining order

-STATUTE-

Whenever the Secretary has reason to believe that any person

subject to this chapter (a) with respect to any transactions

subject to this chapter, has failed to pay or is unable to pay for

livestock, meats, meat food products, or livestock products in

unmanufactured form, or live poultry, or has failed to pay any

poultry grower what is due on account of poultry obtained under a

poultry growing arrangement, or has failed to remit to the person

entitled thereto the net proceeds from the sale of any such

commodity sold on a commission basis; or (b) has operated while

insolvent, or otherwise in violation of this chapter in a manner

which may reasonably be expected to cause irreparable damage to

another person; or (c) does not have the required bond; and that it

would be in the public interest to enjoin such person from

operating subject to this chapter or enjoin him from operating

subject to this chapter except under such conditions as would

protect vendors or consignors of such commodities or other affected

persons, until a complaint under this chapter is issued and

dismissed by the Secretary or until an order to cease and desist

made thereon by the Secretary has become final and effective within

the meaning of this chapter or is set aside on appellate review of

the Secretary's order, the Secretary may notify the Attorney

General, who may apply to the United States district court for the

district in which such person has his principal place of business

or in which he resides for a temporary injunction or restraining

order. When needed to effectuate the purposes of this section, the

court shall, upon a proper showing, issue a temporary injunction or

restraining order, without bond. Attorneys employed by the

Secretary of Agriculture may, with the approval of the Attorney

General, appear in the United States district court representing

the Secretary in any action seeking such a temporary restraining

order or injunction.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 408, as added Pub. L.

94-410, Sec. 5, Sept. 13, 1976, 90 Stat. 1250; amended Pub. L.

100-173, Sec. 8, Nov. 23, 1987, 101 Stat. 919.)

-COD-

CODIFICATION

A prior section 228a, act Sept. 21, 1944, ch. 412, title I, Sec.

101(c), 58 Stat. 734, which related to inspections of livestock,

hides, animal products, etc., was transferred to section 396 of

this title.

-MISC3-

PRIOR PROVISIONS

A prior section 408 of act Aug. 15, 1921, was renumbered section

416 and is classified to section 229 of this title.

AMENDMENTS

1987 - Pub. L. 100-173 inserted ''or live poultry, or has failed

to pay any poultry grower what is due on account of poultry

obtained under a poultry growing arrangement,'' after

''unmanufactured form,''.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-173 effective 90 days after Nov. 23,

1987, see section 12 of Pub. L. 100-173, set out as a note under

section 182 of this title.

-CITE-

7 USC Sec. 228b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228b. Prompt payment for purchase of livestock

-STATUTE-

(a) Full amount of purchase price required; methods of payment

Each packer, market agency, or dealer purchasing livestock shall,

before the close of the next business day following the purchase of

livestock and transfer of possession thereof, deliver to the seller

or his duly authorized representative the full amount of the

purchase price: Provided, That each packer, market agency, or

dealer purchasing livestock for slaughter shall, before the close

of the next business day following purchase of livestock and

transfer of possession thereof, actually deliver at the point of

transfer of possession to the seller or his duly authorized

representative a check or shall wire transfer funds to the seller's

account for the full amount of the purchase price; or, in the case

of a purchase on a carcass or ''grade and yield'' basis, the

purchaser shall make payment by check at the point of transfer of

possession or shall wire transfer funds to the seller's account for

the full amount of the purchase price not later than the close of

the first business day following determination of the purchase

price: Provided further, That if the seller or his duly authorized

representative is not present to receive payment at the point of

transfer of possession, as herein provided, the packer, market

agency or dealer shall wire transfer funds or place a check in the

United States mail for the full amount of the purchase price,

properly addressed to the seller, within the time limits specified

in this subsection, such action being deemed compliance with the

requirement for prompt payment.

(b) Waiver of prompt payment by written agreement; disclosure

requirements

Notwithstanding the provisions of subsection (a) of this section

and subject to such terms and conditions as the Secretary may

prescribe, the parties to the purchase and sale of livestock may

expressly agree in writing, before such purchase or sale, to effect

payment in a manner other than that required in subsection (a) of

this section. Any such agreement shall be disclosed in the records

of any market agency or dealer selling the livestock, and in the

purchaser's records and on the accounts or other documents issued

by the purchaser relating to the transaction.

(c) Delay in payment or attempt to delay deemed unfair practice

Any delay or attempt to delay by a market agency, dealer, or

packer purchasing livestock, the collection of funds as herein

provided, or otherwise for the purpose of or resulting in extending

the normal period of payment for such livestock shall be considered

an ''unfair practice'' in violation of this chapter. Nothing in

this section shall be deemed to limit the meaning of the term

''unfair practice'' as used in this chapter.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 409, as added Pub. L.

94-410, Sec. 7, Sept. 13, 1976, 90 Stat. 1250.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 196, 228c of this title.

-CITE-

7 USC Sec. 228b-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228b-1. Final date for making payment to cash seller or

poultry grower

-STATUTE-

(a) Delivery of full amount due

Each live poultry dealer obtaining live poultry by purchase in a

cash sale shall, before the close of the next business day

following the purchase of poultry, and each live poultry dealer

obtaining live poultry under a poultry growing arrangement shall,

before the close of the fifteenth day following the week in which

the poultry is slaughtered, deliver, to the cash seller or poultry

grower from whom such live poultry dealer obtains the poultry, the

full amount due to such cash seller or poultry grower on account of

such poultry.

(b) Delay or attempt to delay collection of funds as ''unfair

practice''

Any delay or attempt to delay, by a live poultry dealer which is

a party to any such transaction, the collection of funds as herein

provided, or otherwise for the purpose of or resulting in extending

the normal period of payment for poultry obtained by poultry

growing arrangement or purchased in a cash sale, shall be

considered an ''unfair practice'' in violation of this chapter.

Nothing in this section shall be deemed to limit the meaning of the

term ''unfair practice'' as used in this chapter.

(c) Definition of cash sale

For the purpose of this section, a cash sale means a sale in

which the seller does not expressly extend credit to the buyer.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 410, as added Pub. L.

100-173, Sec. 9(2), Nov. 23, 1987, 101 Stat. 920.)

-MISC1-

PRIOR PROVISIONS

A prior section 410 of act Aug. 15, 1921, was renumbered section

414 and is classified to section 228c of this title.

EFFECTIVE DATE

Section effective 90 days after Nov. 23, 1987, see section 12 of

Pub. L. 100-173, set out as an Effective Date of 1987 Amendment

note under section 182 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 197, 227, 228b-2 of this

title.

-CITE-

7 USC Sec. 228b-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228b-2. Violations by live poultry dealers

-STATUTE-

(a) Written complaint by Secretary; hearing; intervention; amended

complaint

Whenever the Secretary has reason to believe that any live

poultry dealer has violated or is violating any provision of

section 197 of this title or section 228b-1 of this title, he shall

cause a complaint in writing to be served upon the live poultry

dealer, stating his charges in that respect, and requiring the live

poultry dealer to attend and testify at a hearing at a time and

place designated therein, at least 30 days after the service of

such complaint; and at such time and place there shall be afforded

the live poultry dealer a reasonable opportunity to be informed as

to the evidence introduced against him (including the right of

cross-examination), and to be heard in person or by counsel and

through witnesses, under such regulations as the Secretary may

prescribe. Any person for good cause shown may, on application, be

allowed by the Secretary to intervene in such proceeding, and

appear in person or by counsel. At any time prior to the close of

the hearing, the Secretary may amend the complaint; but in case of

any amendment adding new charges, the hearing shall, on the request

of the live poultry dealer, be adjourned for a period not exceeding

15 days.

(b) Report on findings of fact by Secretary; cease and desist

order; assessment of civil penalty; action by Attorney General

upon live poultry dealer's failure to pay penalty

If, after such hearing, the Secretary finds that the live poultry

dealer has violated, or is violating, any provisions of section 197

of this title or section 228b-1 of this title covered by the

charges, he shall make a report in writing in which he shall state

his findings as to the facts, and shall issue and cause to be

served on the live poultry dealer an order requiring such live

poultry dealer to cease and desist from continuing such violation.

The testimony taken at the hearing shall be reduced to writing and

filed in the records of the Department of Agriculture. The

Secretary may also assess a civil penalty of not more than $20,000

for each such violation. In determining the amount of the civil

penalty to be assessed under this section, the Secretary shall

consider the gravity of the offense, the size of the business

involved, and the effect of the penalty on the person's ability to

continue in business: Provided, however, That in no event can the

penalty assessed by the Secretary take priority over or impede the

ability of the live poultry dealer to pay any unpaid cash seller or

poultry grower. If, after the lapse of the period allowed for

appeal or after the affirmance of such penalty, the person against

whom the civil penalty is assessed fails to pay such penalty, the

Secretary may refer the matter to the Attorney General, who may

recover such penalty by an action in the appropriate District Court

of the United States.

(c) Amendment or setting aside of report or order

Until the record in such hearing has been filed in a court of

appeals of the United States, as provided in section 228b-3 of this

title, the Secretary, at any time, upon such notice and in such

manner as he deems proper, but only after reasonable opportunity to

the live poultry dealer to be heard, may amend or set aside the

report or order, in whole or in part.

(d) Service of complaints, orders, and other processes

Complaints, orders, and other processes of the Secretary under

this section may be served in the same manner as provided in

section 45 of title 15.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 411, as added Pub. L.

100-173, Sec. 9(2), Nov. 23, 1987, 101 Stat. 920.)

-MISC1-

PRIOR PROVISIONS

A prior section 411 of act Aug. 15, 1921, was renumbered section

416 and is classified to section 229 of this title.

EFFECTIVE DATE

Section effective 90 days after Nov. 23, 1987, see section 12 of

Pub. L. 100-173, set out as an Effective Date of 1987 Amendment

note under section 182 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 228b-3, 228b-4 of this

title.

-CITE-

7 USC Sec. 228b-3 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228b-3. Judicial review of order regarding live poultry dealer

-STATUTE-

(a) Finality of order unless appeal to court of appeals; time

limit; bond

An order made under section 228b-2 of this title shall be final

and conclusive unless within 30 days after service the live poultry

dealer appeals to the court of appeals for the circuit in which he

has his principal place of business, by filing with the clerk of

such court a written petition praying that the Secretary's order be

set aside or modified in the manner stated in the petition,

together with a bond in such sum as the court may determine,

conditioned that such live poultry dealer will pay the costs of the

proceedings if the court so directs.

(b) Notification of appeal to Secretary; filing of record with

court

The clerk of the court shall immediately cause a copy of the

petition to be delivered to the Secretary, and the Secretary shall

thereupon file in the court the record in such proceedings, as

provided in section 2112 of title 28. If before such record is

filed the Secretary amends or sets aside his report or order, in

whole or in part, the petitioner may amend the petition within such

time as the court may determine, on notice to the Secretary.

(c) Issuance of temporary injunction

At any time after such petition is filed, the court, on

application of the Secretary, may issue a temporary injunction,

restraining, to the extent it deems proper, the live poultry dealer

and his officers, directors, agents, and employees, from violating

any of the provisions of the order pending the final determination

of the appeal.

(d) Evidence in record as evidence in case; expedited proceedings

The evidence so taken or admitted, and filed as aforesaid as a

part of the record, shall be considered by the court as the

evidence in the case. The proceedings in such cases in the court

of appeals shall be made a preferred cause and shall be expedited

in every way.

(e) Action by court

The court may affirm, modify, or set aside the order of the

Secretary.

(f) Taking of additional evidence; modified or additional findings

by Secretary

If the court determines that the just and proper disposition of

the case requires the taking of additional evidence, the court

shall order the hearing to be reopened for the taking of such

evidence, in such manner and upon such terms and conditions as the

court may deem proper. The Secretary may modify his findings as to

the facts, or make new findings, by reason of the additional

evidence so taken, and he shall file such modified or new findings

and his recommendations, if any, for the modification or setting

aside of his order, with the return of such additional evidence.

(g) Affirmance or modification of order as injunction

If the court of appeals affirms or modifies the order of the

Secretary, its decree shall operate as an injunction to restrain

the live poultry dealer, and his officers, directors, agents, and

employees from violating the provisions of such order or such order

as modified.

(h) Exclusive jurisdiction of court of appeals; finality of decree;

appeal to Supreme Court; stay of decree

The court of appeals shall have jurisdiction which upon the

filing of the record with it shall be exclusive, to review, and to

affirm, set aside, or modify, such orders of the Secretary, and the

decree of such court shall be final except that it shall be subject

to review by the Supreme Court of the United States upon

certiorari, as provided in section 1254 of title 28, if such writ

is duly applied for within 60 days after entry of the decree. The

issue of such writ shall not operate as a stay of the decree of the

court of appeals, insofar as such decree operates as an injunction,

unless so ordered by the Supreme Court.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 412, as added Pub. L.

100-173, Sec. 9(2), Nov. 23, 1987, 101 Stat. 921.)

-MISC1-

EFFECTIVE DATE

Section effective 90 days after Nov. 23, 1987, see section 12 of

Pub. L. 100-173, set out as an Effective Date of 1987 Amendment

note under section 182 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 228b-2, 228b-4 of this

title.

-CITE-

7 USC Sec. 228b-4 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228b-4. Violation of final order by live poultry dealer;

penalty

-STATUTE-

Any live poultry dealer, or any officer, director, agent, or

employee of a live poultry dealer, who fails to obey any order of

the Secretary issued under the provisions of section 228b-2 of this

title, or such order as modified -

(1) after the expiration of the time allowed for filing a

petition in the court of appeals to set aside or modify such

order, if no such petition has been filed within such time;

(2) after the expiration of the time allowed for applying for a

writ of certiorari, if such order, or such order as modified, has

been sustained by the court of appeals and no such writ has been

applied for within such time; or

(3) after such order, or such order as modified, has been

sustained by the courts as provided in section 228b-3 of this

title;

shall on conviction be fined not less than $1,000 nor more than

$20,000. Each day during which such failure continues shall be

deemed a separate offense.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 413, as added Pub. L.

100-173, Sec. 9(2), Nov. 23, 1987, 101 Stat. 922.)

-MISC1-

EFFECTIVE DATE

Section effective 90 days after Nov. 23, 1987, see section 12 of

Pub. L. 100-173, set out as an Effective Date of 1987 Amendment

note under section 182 of this title.

-CITE-

7 USC Sec. 228c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228c. Federal preemption of State and local requirements

-STATUTE-

No requirement of any State or territory of the United States, or

any subdivision thereof, or the District of Columbia, with respect

to bonding of packers or prompt payment by packers for livestock

purchases may be enforced upon any packer operating in compliance

with the bonding provisions under section 204 of this title, and

prompt payment provisions of section 228b of this title,

respectively: Provided, That this section shall not preclude a

State from enforcing a requirement, with respect to payment for

livestock purchased by a packer at a stockyard subject to this

chapter, which is not in conflict with this chapter or regulations

thereunder: Provided further, That this section shall not preclude

a State from enforcing State law or regulations with respect to any

packer not subject to this chapter or section 204 of this title.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 414, formerly Sec. 410, as

added Pub. L. 94-410, Sec. 9, Sept. 13, 1976, 90 Stat. 1252;

renumbered Sec. 414, Pub. L. 100-173, Sec. 9(1), Nov. 23, 1987, 101

Stat. 919.)

-CITE-

7 USC Sec. 228d 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 228d. Annual assessment of cattle and hog industries

-STATUTE-

Not later than March 1 of each year, the Secretary shall submit

to Congress and make publicly available a report that -

(1) assesses the general economic state of the cattle and hog

industries;

(2) describes changing business practices in those industries;

and

(3) identifies market operations or activities in those

industries that appear to raise concerns under this chapter.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 415, as added Pub. L.

106-472, title III, Sec. 312(e)(2), Nov. 9, 2000, 114 Stat. 2077.)

-MISC1-

PRIOR PROVISIONS

A prior section 415 of act Aug. 15, 1921, was renumbered section

416 and is classified to section 229 of this title.

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7 USC Sec. 229 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 229. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, the validity of the

remainder of the chapter and of the application of such provision

to other persons and circumstances shall not be affected thereby.

-SOURCE-

(Aug. 15, 1921, ch. 64, title IV, Sec. 416, formerly Sec. 408, 42

Stat. 169; renumbered Sec. 411, Pub. L. 94-410, Sec. 5, Sept. 13,

1976, 90 Stat. 1250; renumbered Sec. 415, Pub. L. 100-173, Sec.

9(1), Nov. 23, 1987, 101 Stat. 919; renumbered Sec. 416, Pub. L.

106-472, title III, Sec. 312(e)(1), Nov. 9, 2000, 114 Stat. 2077.)

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7 USC Sec. 229a 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 229a. Repealed. Pub. L. 106-78, title IX, Sec. 913(a), Oct.

22, 1999, 113 Stat. 1205

-MISC1-

Section, act Aug. 15, 1921, ch. 64, title IV, Sec. 416, as added

Pub. L. 105-277, div. A, Sec. 101(a) (title XI, Sec. 1127(a)),

Oct. 21, 1998, 112 Stat. 2681, 2681-46, related to mandatory

domestic reporting pilot investigation.

TERMINATION OF REPEAL

For termination of repeal by section 942 of Pub. L. 106-78, see

Livestock Mandatory Reporting note set out under section 1635 of

this title.

TERMINATION DATE OF REPEAL

Repeal by Pub. L. 106-78 to terminate 5 years after Oct. 22,

1999, see section 942 of Pub. L. 106-78, set out in a Livestock

Mandatory Reporting note under section 1635 of this title.

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7 USC Sec. 229b 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 229b. Right to discuss terms of contract

-STATUTE-

(a) Definitions

In this section:

(1) Producer

The term ''producer'' means any person engaged in the raising

and caring for livestock or poultry for slaughter.

(2) Processor

The term ''processor'' means any person engaged in the business

of obtaining livestock or poultry for the purpose of slaughtering

the livestock or poultry.

(b) No prohibition of discussion

Notwithstanding a provision in any contract between a producer

and a processor for the production of livestock or poultry, or in

any marketing agreement between a producer and a processor for the

sale of livestock or poultry for a term of 1 year or more, that

provides that information contained in the contract is

confidential, a party to the contract shall not be prohibited from

discussing any terms or details of the contract with -

(1) a Federal or State agency;

(2) a legal adviser to the party;

(3) a lender to the party;

(4) an accountant hired by the party;

(5) an executive or manager of the party;

(6) a landlord of the party; or

(7) a member of the immediate family of the party.

(c) Effect on State laws

Subsection (b) of this section does not -

(1) preempt any State law that addresses confidentiality

provisions in contracts for the sale or production of livestock

or poultry, except any provision of State law that makes lawful a

contract provision that prohibits a party from, or limits a party

in, engaging in discussion that subsection (b) of this section

requires to be permitted; or

(2) deprive any State court of jurisdiction under any such

State law.

(d) Applicability

This section applies to each contract described in subsection (b)

of this section that is entered into, amended, renewed, or extended

after May 13, 2002.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10503, May 13, 2002, 116 Stat.

510.)

-COD-

CODIFICATION

Section was enacted as part of the Farm Security and Rural

Investment Act of 2002, and not as part of the Packers and

Stockyards Act, 1921, which comprises this chapter.

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7 USC SUBCHAPTER VI - CHARGE FOR INSPECTION 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER VI - CHARGE FOR INSPECTION

.

-HEAD-

SUBCHAPTER VI - CHARGE FOR INSPECTION

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7 USC Sec. 231 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 9 - PACKERS AND STOCKYARDS

SUBCHAPTER VI - CHARGE FOR INSPECTION

-HEAD-

Sec. 231. Omitted

-COD-

CODIFICATION

Section, act July 22, 1942, ch. 516, 56 Stat. 689, was from the

Department of Agriculture Appropriation Act, 1943, and provided for

fees for inspection of brands appearing upon livestock. See

section 217a of this title. Similar provisions were contained in

the following prior appropriation acts:

July 1, 1941, ch. 267, 55 Stat. 432.

June 25, 1940, ch. 421, 54 Stat. 557.

June 30, 1939, ch. 253, title I, 53 Stat. 970.

June 16, 1938, ch. 464, title I, 52 Stat. 721.

June 29, 1937, ch. 404, 50 Stat. 406.

June 4, 1936, ch. 489, 49 Stat. 1432.

May 17, 1935, ch. 131, title I, 49 Stat. 257.

Mar. 26, 1934, ch. 89, 48 Stat. 477.

Mar. 3, 1933, ch. 203, 47 Stat. 1441.

July 7, 1932, ch. 443, 47 Stat. 620.

Feb. 23, 1931, ch. 278, 46 Stat. 1252.

May 27, 1930, ch. 341, 46 Stat. 402.

Feb. 16, 1929, ch. 227, 45 Stat. 1198.

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