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7 U.S.C. § 228c — Federal preemption of State and local requirements

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 228c — Federal preemption of State and local requirements

No requirement of any State or territory of the United States, or any subdivision thereof, or the District of Columbia, with respect to bonding of packers or prompt payment by packers for livestock purchases may be enforced upon any packer operating in compliance with the bonding provisions under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section204&num=0&edition=prelim), and prompt payment provisions of [section 228b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section228b&num=0&edition=prelim), respectively: Provided, That this section shall not preclude a State from enforcing a requirement, with respect to payment for livestock purchased by a packer at a stockyard subject to this chapter, which is not in conflict with this chapter or regulations thereunder: Provided further, That this section shall not preclude a State from enforcing State law or regulations with respect to any packer not subject to this chapter or [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section204&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-7/section-228c-federal-preemption-of-state-and-local-requirements--ad89d96a55.md
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Source location: Title 7, Chapter 9, § 228c; chapter-009-packers-and-stockyards.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 228b — Prompt payment for purchase of livestock

**(a) Full amount of purchase price required; methods of payment** Each packer, market agency, or dealer purchasing livestock shall, before the close of the next business day following the purchase of livestock and transfer of possession thereof, deliver to the seller or his duly authorized representative the full amount of the purchase price: Provided, That each packer, market agency, or dealer purchasing livestock for slaughter shall, before the close of the next business day following purchase of livestock and transfer of possession thereof, actually deliver at the point of transfer of possession to the seller or his duly authorized representative a check or shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary for the full amount of the purchase price; or, in the case of a purchase on a carcass or “grade and yield” basis, the purchaser shall make payment by check at the point of transfer of possession or shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary for the full amount of the purchase price not later than the close of the first business day following determination of the purchase price: Provided further, That if the seller or his duly authorized representative is not present to receive payment at the point of transfer of possession, as herein provided, the packer, market agency or dealer shall transfer funds for the full amount of the purchase price by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary or place a check

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 204 — Bond and suspension of registrants

On and after July 12, 1943, the Secretary may require reasonable bonds from every market agency (as defined in this subchapter), every packer (as defined in subchapter II of this chapter) in connection with its livestock purchasing operations (except that those packers whose average annual purchases do not exceed $500,000 will be exempt from the provisions of this paragraph), and every other person operating as a dealer (as defined in this subchapter) under such rules and regulations as he may prescribe, to secure the performance of their obligations, and whenever, after due notice and hearing, the Secretary finds any registrant is insolvent or has violated any provisions of this chapter he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five days, unless suspended or modified or set aside by the Secretary or a court of competent jurisdiction. If the Secretary finds any packer is insolvent, he may after notice and hearing issue an order under the provisions of [section 193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section193&num=0&edition=prelim) requiring such packer to cease and desist from purchasing livestock while insolvent, or while insolvent purchasing livestock except under such conditions as the Secretary may prescribe to effectuate the purposes of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 228b–1 — Final date for making payment to cash seller or poultry grower

**(a) Delivery of full amount due** Each live poultry dealer obtaining live poultry by purchase in a cash sale shall, before the close of the next business day following the purchase of poultry, and each live poultry dealer obtaining live poultry under a poultry growing arrangement shall, before the close of the fifteenth day following the week in which the poultry is slaughtered, deliver, to the cash seller or poultry grower from whom such live poultry dealer obtains the poultry, the full amount due to such cash seller or poultry grower on account of such poultry. **(b) Delay or attempt to delay collection of funds as “unfair practice”** Any delay or attempt to delay, by a live poultry dealer which is a party to any such transaction, the collection of funds as herein provided, or otherwise for the purpose of or resulting in extending the normal period of payment for poultry obtained by poultry growing arrangement or purchased in a cash sale, shall be considered an “unfair practice” in violation of this chapter. Nothing in this section shall be deemed to limit the meaning of the term “unfair practice” as used in this chapter. **(c) Definition of cash sale** For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 228c — Federal preemption of State and local re-

Page 354 TITLE 7—AGRICULTURE § 228b–4 (b) Notification of appeal to Secretary; filing of record with court The clerk of the court shall immediately cause a copy of the petition to be delivered to the Sec- retary, and the Secretary shall thereupon file in the court the record in such proceedings, as pro- vided in section 2112 of title 28. If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. (c) Issuance of temporary injunction At any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the live poultry dealer and his officers, directors, agents, and employ- ees, from violating any of the provisions of the order pending the final determination of the ap- peal. (d) Evidence in record as evidence in case; expe- dited proceedings The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be con- sidered by the court as the evidence in the case. The proceedings in such cases in the court of ap- peals shall be made a preferred cause and shall be expedited in every way. (e) Action by court The court may affirm, modify, or set aside the order of the Secretary. (f) Taking of additional evidence; modified or ad- ditional findings by Secretary If the court determines that the just and prop- er disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings

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