What US Packers and Stockyards Act (7 USC ch 9): Fair Competition, Registration, Statutory Trust and Prompt Payment requires
The Packers and Stockyards Act, 1921, codified at 7 U.S.C. Chapter 9 (sections 181-229c), regulates competition and trade practices in the livestock, meatpacking and poultry industries and is administered by the USDA Agricultural Marketing Service through its Packers and Stockyards Division. Section 182 defines the regulated terms, section 191 defines 'packer', and section 201 defines 'stockyard owner', 'market agency' and 'dealer'. Section 192 makes it unlawful for any packer or swine contractor to engage in or use any unfair, unjustly discriminatory or deceptive practice or device; to make or give any undue or unreasonable preference; to apportion supply among packers in restraint of commerce; to manipulate or control prices; to create a monopoly; or to engage in any course of business for the purpose of those effects. Section 213 imposes the parallel prohibition on stockyard owners, market agencies and dealers: it is unlawful to engage in or use any unfair, unjustly discriminatory or deceptive practice or device. Section 203 requires market agencies and dealers to register with the Secretary, and provides that a person who violates the registration requirement is liable to a penalty of not more than $500 for each offense and not more than $25 for each day it continues. Section 204 requires bonds. Sections 206-208 require reasonable, non-discriminatory rates and charges and prohibit unreasonable or discriminatory practices in stockyard services. Section 196 (livestock) and section 197 (poultry) establish a statutory trust under which commodities, inventories and receivables are held in trust for the benefit of unpaid cash sellers. Section 228b requires prompt payment for livestock purchases. Enforcement under sections 193 and 213(b) allows the Secretary to assess a civil penalty of not more than $10,000 for each violation, and section 195 provides criminal punishment for violating a final order, on conviction, of a fine of not less than $500 nor more than $10,000, or imprisonment of not less than six months nor more than five years, or both. Penalty figures are subject to inflation adjustment by regulation.
Pillar: Agriculture & Agritech · Authority: US Congress / USDA Agricultural Marketing Service (Packers and Stockyards Division) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title7/html/USCODE-2022-title7-chap9.htm
SHA-256 integrity: 4c589ccf1d353aa9a2974b395ebb5f8690aadf011959d7567e7dc0920a3ea214
Primary Citations — 8 traced to source
- Packers and Stockyards Act, 7 U.S.C. 182 - definitions.
- Packers and Stockyards Act, 7 U.S.C. 192 - unlawful practices by packers and swine contractors (unfair, unjustly discriminatory or deceptive practices; price manipulation; monopoly).
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