Title 7 — Agriculture
Chapter 9 — Packers and Stockyards
§ 211. Order of Secretary as to charges or practices; prescribing rates and practices generally
Statutory text
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—
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
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.
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.
Pub. L. 67–64 · 42 Stat. 147
Enacted · 7 U.S.C. § 211
Aug. 15, 1921, ch. 64, title III, § 310, 42 Stat. 166
Source evidence
Code source credit
Aug. 15, 1921, ch. 64, title III, § 310, 42 Stat. 166Public Law not identified
Substituted · 7 U.S.C. § 211(a)
Subsec. (a). Act Aug. 10, 1939, substituted “as both” for “or the”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Aug. 10, 1939, substituted “as both” for “or the”.Public Law not identified
Substituted · 7 U.S.C. § 211(b)(2)
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”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
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”.Pub. L. 95–409 § 1(b)(1) · 92 Stat. 886
Substituted · 7 U.S.C. § 211
Pub. L. 95–409, § 1(b)(1), in provision preceding subsec. (a), substituted “violative of section 205, 206 or 208 of this title” for “unjust, unreasonable, or discriminatory”
Source evidence
Code amendment note
Pub. L. 95–409, § 1(b)(1), in provision preceding subsec. (a), substituted “violative of section 205, 206 or 208 of this title” for “unjust, unreasonable, or discriminatory”.Enacted provision · exact public law section
(1) in the introductory paragraph, striking out “unjust, unreasonable, or discriminatory” and inserting in lieu thereof “violative of 7 USC 205, 206, 208. section 304, 305, or 307”;Pub. L. 95–409 § 1(b)(2) · 92 Stat. 886
Substituted · 7 U.S.C. § 211(a)
Pub. L. 95–409, § 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”
Substituted · 7 U.S.C. § 211(a)
Pub. L. 95–409, § 1(b)(2), substituted “as the maximum or minimum or both” for “as both the maximum and minimum”
Inserted · 7 U.S.C. § 211(a)
Pub. L. 95–409, § 1(b)(2), 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
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–409, § 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.Enacted provision · exact public law section
(1) in the introductory paragraph, striking out “unjust, unreasonable, or discriminatory” and inserting in lieu thereof “violative of 7 USC 205, 206, 208. section 304, 305, or 307”;Pub. L. 95–409 § 1(b)(3) · 92 Stat. 886
Substituted · 7 U.S.C. § 211(b)
Pub. L. 95–409, § 1(b)(3), substituted “other than the rate or charge or rates or charges” for “more or less than the rate or charge”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–409, § 1(b)(3), substituted “other than the rate or charge or rates or charges” for “more or less than the rate or charge”.Enacted provision · exact public law section
(1) in the introductory paragraph, striking out “unjust, unreasonable, or discriminatory” and inserting in lieu thereof “violative of 7 USC 205, 206, 208. section 304, 305, or 307”;
5 of 8 references resolved to an enrolled provision · 1 partial · 2 unresolved
Editorial Notes
Amendments1939–1978 · 2 rounds
1978
Pub. L. 95–409, § 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, § 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, § 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 , substituted “as both” for “or the”.
Subsec. (b)(2). Act , 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”.
Credits
1921–1978 · 3 acts
- 1921Aug. 15, 1921, ch. 64, title III, § 310, 42 Stat. 166
- 1939Aug. 10, 1939, ch. 663, 53 Stat. 1351
- 1978Pub. L. 95–409, § 1(b), , 92 Stat. 886.
Show as published
(Aug. 15, 1921, ch. 64, title III, § 310, 42 Stat. 166; Aug. 10, 1939, ch. 663, 53 Stat. 1351; Pub. L. 95–409, § 1(b), , 92 Stat. 886.)