Title 7 — Agriculture
Chapter 9 — Packers and Stockyards
§ 213. Prevention of unfair, discriminatory, or deceptive practices
Statutory text
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.
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.
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. 167Pub. 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.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”.Pub. L. 94–410 § 3(a) · 90 Stat. 1249
Struck · 7 U.S.C. § 213(a)
Pub. L. 94–410, § 3(a), (c), struck out “in commerce” after “or handling”
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)).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
- 1921Aug. 15, 1921, ch. 64, title III, § 312, 42 Stat. 167
- 1958Pub. L. 85–909, § 2(5), , 72 Stat. 1750
- 1968Pub. L. 90–446, § 1(e), , 82 Stat. 475
- 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.)