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7 U.S.C. § 211 — Order of Secretary as to charges or practices; prescribing rates and practices generally
Federal law — U.S. Code and appendices · legal_authorities
Whenever after full hearing upon a complaint made as provided in [section 210 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section210&num=0&edition=prelim), 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—
**(a)** May in accordance with the standard set forth in [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section206&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section206&num=0&edition=prelim); and
**(b)** 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 c
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Source file: Laws/federal/codes/united-states-code/title-7/section-211-order-of-secretary-as-to-charges-or-practices-prescribing-rates-and-prac--84edd3fb26.md
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Source location: Title 7, Chapter 9, § 211; chapter-009-packers-and-stockyards.md
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Whenever after full hearing upon a complaint made as provided in [section 210 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section210&num=0&edition=prelim), 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—
**(a)** May in accordance with the standard set forth in [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section206&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section206&num=0&edition=prelim); and
**(b)** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Complaint; response; satisfaction or investigation** Any person complaining of anything done or omitted to be done by any stockyard owner, market agency, or dealer (hereinafter in this section referred to as the “defendant”) in violation of the provisions of this subchapter, or of an order of the Secretary made under this subchapter, may, at any time within ninety days after the cause of action accrues, apply to the Secretary by petition which shall briefly state the facts, whereupon the complaint thus made shall be forwarded by the Secretary to the defendant, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be specified by the Secretary. If the defendant within the time specified makes reparation for the injury alleged to be done he shall be relieved of liability to the complainant only for the particular violation thus complained of. If the defendant does not satisfy the complaint within the time specified, or there appears to be any reasonable ground for investigating the complaint, it shall be the duty of the Secretary to investigate the matters complained of in such manner and by such means as he deems proper.
**(b) Complaints forwarded by agencies of a State or Territory** The Secretary, at the request of the livestock commissioner, board of agriculture, or other agency of a State or Territory, having jurisdiction over stockyards in such State or Territory, shall investigate any complaint forwarded by such agency in like manner and with the same authority and powers as in the case of a complaint made under subsection (a).
**(c) Inquiries instituted by Secretary** The Secretary may at any time institute an inquiry on his own motion, in any case and as to any matter or thing concerning which a complai
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Federal law — U.S. Code and appendices · legal_authorities
All rates or charges made for any stockyard services furnished at a stockyard by a stockyard owner or market agency shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful: Provided, That rates and charges based upon percentages of the gross sales prices of livestock shall not be prohibited merely because they are based upon such percentages rather than on a per head basis.
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Federal law — U.S. Code and appendices · legal_authorities
Page 344
TITLE 7—AGRICULTURE
§ 211
less they accrue upon his appeal. If the peti-
tioner finally prevails, he shall be allowed a rea-
sonable attorney’s fee to be taxed and collected
as a part of the costs of the suit.
(Aug. 15, 1921, ch. 64, title III, § 309, 42 Stat. 165;
Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249.)
Editorial Notes
AMENDMENTS
1976—Subsec. (b). Pub. L. 94–410 substituted ‘‘live-
stock’’ for ‘‘live-stock’’ after ‘‘request of the’’.
§ 211. Order of Secretary as to charges or prac-
tices; prescribing rates and practices gen-
erally
Whenever after full hearing upon a complaint
made as provided in section 210 of this title, or
after full hearing under an order for investiga-
tion and hearing made by the Secretary on his
own initiative, either in extension of any pend-
ing complaint or without any complaint what-
ever, the Secretary is of the opinion that any
rate, charge, regulation, or practice of a stock-
yard owner or market agency, for or in connec-
tion with the furnishing of stockyard services, is
or will be violative of section 205, 206, or 208 of
this title, the Secretary—
(a) 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 nondiscrim-
inatory 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
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 211
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.