§ 212. Prescribing rates and practices to prevent discrimination between intrastate and interstate commerce

Statutory text

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.

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.

1921
Pub. L. 67–64 · 42 Stat. 147
Enacted · 7 U.S.C. § 212
Aug. 15, 1921, ch. 64, title III, § 311, 42 Stat. 167
Source evidence
Code source credit
Aug. 15, 1921, ch. 64, title III, § 311, 42 Stat. 167
1958
Pub. L. 85–909 § 2(4) · 72 Stat. 1749
1. Substituted · 7 U.S.C. § 212
  Pub. L. 85–909 substituted “stockyard owner, market agency, or dealer” for “stockyard owner or market agency”
2. Substituted · 7 U.S.C. § 212
  Pub. L. 85–909 substituted “stockyard owners, market agencies, or dealers” for “stockyard owners or market agencies”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(4) by amending section 311 by striking out the words “stock-yard 7 USC 212. owner or market agency” wherever they occur and inserting “stockyard owner, market agency, or dealer” and by striking out “stockyard owners or market agencies” and inserting “stockyard owners, market agencies, or dealers”;
1976
Pub. L. 94–410 § 3(c) · 90 Stat. 1249
Substituted · 7 U.S.C. § 212
Pub. L. 94–410 substituted “livestock” for “live stock” wherever appearing
Source evidence
Code amendment note
Pub. L. 94–410 substituted “livestock” for “live stock” wherever appearing.
Enacted provision · exact public law section
(c) The Packers and Stockyards Act, 1921, as amended, is amended 7 USC 182, 183, 201, 207, 210, 212, 213. by striking out the words “live stock” and “live-stock” wherever they appear in the Act and substituting therefor “livestock”.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1958–1976 · 2 rounds

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”.

Credits

1921–1976 · 3 acts

1921Aug. 15, 1921, ch. 64, title III, § 311, 42 Stat. 167
1958Pub. L. 85–909, § 2(4), Sept. 2, 1958, 72 Stat. 1750
1976Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249.

Show as published

(Aug. 15, 1921, ch. 64, title III, § 311, 42 Stat. 167; Pub. L. 85–909, § 2(4), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249.)