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Title 7 — Agriculture

Part A · Chapter 9 — Packers and Stockyards

§ 192. Unlawful practices enumerated

Statutory text

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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 67–64 · 42 Stat. 147

    Enacted · 7 U.S.C. § 192

    Aug. 15, 1921, ch. 64, title II, § 202, 42 Stat. 161

    Source evidence

    Code source credit
    Aug. 15, 1921, ch. 64, title II, § 202, 42 Stat. 161

  2. Pub. L. 85–909 § 1(1) · 72 Stat. 1749

    Inserted · 7 U.S.C. § 192

    Pub. L. 85–909 inserted “with respect to livestock, meats, meat food products, livestock products in unmanufactured form, poultry, or poultry products” after “unlawful”

    Source evidence

    Code amendment note
    Pub. L. 85–909 inserted “with respect to livestock, meats, meat food products, livestock products in unmanufactured form, poultry, or poultry products” after “unlawful”.

    Enacted provision · exact public law section
    (1) By amending section 202 by inserting after the word “unlawful” the words “with respect to livestock, meats, meat food products, livestock products in unmanufactured form, poultry, or poultry products”.

  3. Pub. L. 94–410 § 3(a) · 90 Stat. 1249

    Struck · 7 U.S.C. § 192

    Pub. L. 94–410 struck out “in commerce” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 94–410 struck out “in commerce” wherever appearing.

    Enacted provision · exact public law section
    (a) Sections 202 and 312(a) of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 192 and 213(a)) are amended by deleting the phrase “in commerce” wherever it appears in those sections, and by deleting the commas immediately before and following the phrase “in commerce” in sections 202(b) and 312(a) of the Act (7 U.S.C. 192(b) and 213(a)).

  4. Poultry Producers Financial Protection Act of 1987

    Pub. L. 100–173 § 3(1) · 101 Stat. 917

    Substituted · 7 U.S.C. § 192

    Pub. L. 100–173, § 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

    Source evidence

    Code amendment note
    Pub. L. 100–173, § 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.

    Enacted provision · exact public law section
    (1) by striking “It shall be unlawful 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:” and inserting “It shall be unlawful 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:”; and

    Effective date note
    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.

  5. Poultry Producers Financial Protection Act of 1987

    Pub. L. 100–173 § 3(2) · 101 Stat. 917

    1. Struck · 7 U.S.C. § 192(c)

      Pub. L. 100–173, § 3(2), struck out reference to poultry handlers wherever appearing

    2. Substituted · 7 U.S.C. § 192(c)

      Pub. L. 100–173, § 3(2), substituted “such persons” for “such packers”

    Source evidence

    Code amendment note
    Par. (c). Pub. L. 100–173, § 3(2), struck out reference to poultry handlers wherever appearing and substituted “such persons” for “such packers”.

    Enacted provision · exact public law section
    (2) in subdivision (c) by striking “Sell or otherwise transfer to or for any other packer or any live poultry dealer or handler, or buy or otherwise receive from or for any other packer or any live poultry dealer or handler, any article for the purpose or with the effect of apportioning the supply between any such packers,” and inserting “Sell or otherwise transfer to or for any other packer or any live poultry dealer, or buy or otherwise receive from or for any other packer or any live poultry dealer, any article for the purpose or with the effect of apportioning the supply between any such persons,”.

    Effective date note
    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.

  6. Pub. L. 102–237 title X § 1008(1) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 192(c)

    Pub. L. 102–237 substituted a comma for period after second reference to “dealer”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–237 substituted a comma for period after second reference to “dealer”.

    Enacted provision · exact public law section
    (1) in section 202(c) (7 U.S.C. 192(c)), by striking “dealer, any” and inserting “dealer, any”; and

  7. Pub. L. 106–78 title IX § 912 · 113 Stat. 1135

    Struck · 7 U.S.C. § 192(b)

    Pub. L. 106–78, §§ 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–78, §§ 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.

    Enacted provision · exact public law section
    SEC. 912. UNJUST DISQUALIFICATION. Section 202(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended by striking “whatsoever” each place it appears.

  8. Pub. L. 107–171 § 10502(b)(1) · 116 Stat. 134

    Substituted · 7 U.S.C. § 192

    Pub. L. 107–171, § 10502(b)(1), substituted “packer or swine contractor” for “packer” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 107–171, § 10502(b)(1), substituted “packer or swine contractor” for “packer” in introductory provisions.

    Enacted provision · exact public law section
    (1) In general.— The Packers and Stockyards Act, 1921, is amended by striking “packer” each place it appears in sections 202, 203, 204, and 205 (7 U.S.C. 192, 193, 194, 195) (other than section 202(c)) and inserting “packer or swine contractor”.

  9. Pub. L. 107–171 § 10502(b)(2)(A) · 116 Stat. 134

    Inserted · 7 U.S.C. § 192(c)

    Pub. L. 107–171, § 10502(b)(2)(A), inserted “, swine contractor,” after “other packer” in two places

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–171, § 10502(b)(2)(A), inserted “, swine contractor,” after “other packer” in two places.

    Enacted provision · exact public law section
    (A) Section 202(c) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192(c)), is amended by inserting “, swine contractor,” after “other packer” each place it appears.

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

Amendment of Section

For termination of authority provided by amendment by section 942 of Pub. L. 106–78, see Termination Date of 1999 Amendment note below.

Editorial Notes

Amendments1935–2002 · 7 rounds

2002

Pub. L. 107–171, § 10502(b)(1), substituted “packer or swine contractor” for “packer” in introductory provisions.

Subsec. (c). Pub. L. 107–171, § 10502(b)(2)(A), inserted “, swine contractor,” after “other packer” in two places.

1999

Subsec. (b). Pub. L. 106–78, §§ 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, § 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, § 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 , title V, § 503, as added , inserted “or any live poultry dealer or handler” after “packer” wherever appearing.

Statutory Notes and Related Subsidiaries

Termination Date of 1999 Amendment

Authority provided by amendment by Pub. L. 106–78 to terminate , 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 , see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

Credits

1921–2002 · 8 acts
  1. 1921Aug. 15, 1921, ch. 64, title II, § 202, 42 Stat. 161
  2. 1921Aug. 15, 1921, ch. 64, title V, § 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649
  3. 1958Pub. L. 85–909, § 1(1), , 72 Stat. 1749
  4. 1976Pub. L. 94–410, § 3(a), , 90 Stat. 1249
  5. 1987Pub. L. 100–173, § 3, , 101 Stat. 917
  6. 1991Pub. L. 102–237, title X, § 1008(1), , 105 Stat. 1898
  7. 1999Pub. L. 106–78, title IX, § 912, , 113 Stat. 1205
  8. 2002Pub. L. 107–171, title X, § 10502(b)(1), (2)(A), , 116 Stat. 509, 510.
Show as published

(Aug. 15, 1921, ch. 64, title II, § 202, 42 Stat. 161; Aug. 15, 1921, ch. 64, title V, § 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649; Pub. L. 85–909, § 1(1), , 72 Stat. 1749; Pub. L. 94–410, § 3(a), , 90 Stat. 1249; Pub. L. 100–173, § 3, , 101 Stat. 917; Pub. L. 102–237, title X, § 1008(1), , 105 Stat. 1898; Pub. L. 106–78, title IX, § 912, , 113 Stat. 1205; Pub. L. 107–171, title X, § 10502(b)(1), (2)(A), , 116 Stat. 509, 510.)

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