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Title 7 — Agriculture

Chapter 9 — Packers and Stockyards

§ 213. Prevention of unfair, discriminatory, or deceptive practices

Statutory text

(a)

It shall be unlawful for any stockyard owner, market agency, or dealer to engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in connection with determining whether persons should be authorized to operate at the stockyards, or with the receiving, marketing, buying, or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing, or handling of livestock.

(b)

Whenever complaint is made to the Secretary by any person, or whenever the Secretary has reason to believe, that any stockyard owner, market agency, or dealer is violating the provisions of subsection (a), the Secretary after notice and full hearing may make an order that he shall cease and desist from continuing such violation to the extent that the Secretary finds that it does or will exist. The Secretary may also assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.

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. § 213

    Aug. 15, 1921, ch. 64, title III, § 312, 42 Stat. 167

    Source evidence

    Code source credit
    Aug. 15, 1921, ch. 64, title III, § 312, 42 Stat. 167

  2. Pub. L. 85–909 § 2(5) · 72 Stat. 1749

    Struck · 7 U.S.C. § 213(a)

    Pub. L. 85–909 struck out “at a stockyard” after “in commerce”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 85–909 struck out “at a stockyard” after “in commerce”.

    Enacted provision · exact public law section
    (5) by striking out the words “at a stockyard” from section 312 (a). 7 USC 213.

  3. Pub. L. 90–446 § 1(e) · 82 Stat. 474

    Inserted · 7 U.S.C. § 213(a)

    Pub. L. 90–446 inserted “determining whether persons should be authorized to operate at stockyards, or with” after “in connection with”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 90–446 inserted “determining whether persons should be authorized to operate at stockyards, or with” after “in connection with”.

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

    1. Struck · 7 U.S.C. § 213(a)

      Pub. L. 94–410, § 3(a), (c), struck out “in commerce” after “or handling”

    2. Substituted · 7 U.S.C. § 213(a)

      Pub. L. 94–410, § 3(a), (c), substituted “livestock” for “live stock”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–410, § 3(a), (c), struck out “in commerce” after “or handling” and substituted “livestock” for “live stock”.

    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)).

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

    Inserted · 7 U.S.C. § 213(b)

    Pub. L. 94–410, § 3(b), inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–410, § 3(b), inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty.

    Enacted provision · exact public law section
    (b) Sections 203(b) and 312(b) of the Packers and Stockyards Act 17 U.S.C. 193(b) and 213(b)) are amended by adding at the end of both sections the following new sentences: “The Secretary may also Penalty. assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after- the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.”.

4 of 6 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1958–1976 · 3 rounds

1976

Subsec. (a). Pub. L. 94–410, § 3(a), (c), struck out “in commerce” after “or handling” and substituted “livestock” for “live stock”.

Subsec. (b). Pub. L. 94–410, § 3(b), inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty.

1968

Subsec. (a). Pub. L. 90–446 inserted “determining whether persons should be authorized to operate at stockyards, or with” after “in connection with”.

1958

Subsec. (a). Pub. L. 85–909 struck out “at a stockyard” after “in commerce”.

Credits

1921–1976 · 4 acts
  1. 1921Aug. 15, 1921, ch. 64, title III, § 312, 42 Stat. 167
  2. 1958Pub. L. 85–909, § 2(5), , 72 Stat. 1750
  3. 1968Pub. L. 90–446, § 1(e), , 82 Stat. 475
  4. 1976Pub. L. 94–410, § 3, , 90 Stat. 1249.
Show as published

(Aug. 15, 1921, ch. 64, title III, § 312, 42 Stat. 167; Pub. L. 85–909, § 2(5), , 72 Stat. 1750; Pub. L. 90–446, § 1(e), , 82 Stat. 475; Pub. L. 94–410, § 3, , 90 Stat. 1249.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s213