7 USC Ch. 9: Front Matter
From Title 7-AGRICULTURECHAPTER 9-PACKERS AND STOCKYARDS
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CHAPTER 9-PACKERS AND STOCKYARDS
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.
229.
Separability.
229a.
Repealed.
SUBCHAPTER VI-CHARGE FOR INSPECTION
231.
Omitted.
Transfer of Functions
Functions of Bureau of Animal Industry transferred to Secretary of Agriculture by 1947 Reorg. Plan No. 1, §301, eff. July 1, 1947, 12 F.R. 4534,
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.
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.