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7 U.S.C. § 221 — Accounts and records of business; punishment for failure to keep
Federal law — U.S. Code and appendices · legal_authorities
Every packer, any swine contractor, and any live poultry dealer, stockyard owner, market agency, and dealer shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or otherwise. Whenever the Secretary finds that the accounts, records, and memoranda of any such person do not fully and correctly disclose all transactions involved in his business, the Secretary may prescribe the manner and form in which such accounts, records, and memoranda shall be kept, and thereafter any such person who fails to keep such accounts, records, and memoranda in the manner and form prescribed or approved by the Secretary shall upon conviction be fined not more than $5,000, or imprisoned not more than three years, or both.
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Source file: Laws/federal/codes/united-states-code/title-7/section-221-accounts-and-records-of-business-punishment-for-failure-to-keep--2b45c8a9c3.md
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Source location: Title 7, Chapter 9, § 221; chapter-009-packers-and-stockyards.md
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Every packer, any swine contractor, and any live poultry dealer, stockyard owner, market agency, and dealer shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or otherwise. Whenever the Secretary finds that the accounts, records, and memoranda of any such person do not fully and correctly disclose all transactions involved in his business, the Secretary may prescribe the manner and form in which such accounts, records, and memoranda shall be kept, and thereafter any such person who fails to keep such accounts, records, and memoranda in the manner and form prescribed or approved by the Secretary shall upon conviction be fined not more than $5,000, or imprisoned not more than three years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
(1) The term “person” includes individuals, partnerships, corporations, and associations;
(2) The term “Secretary” means the Secretary of Agriculture;
(3) The term “meat food products” means all products and byproducts of the slaughtering and meat-packing industry—if edible;
(4) The term “livestock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead;
(5) The term “livestock products” means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock;
(6) The term “poultry” means chickens, turkeys, ducks, geese, and other domestic fowl;
(7) The term “poultry product” means any product or byproduct of the business of slaughtering poultry and processing poultry after slaughter;
(8) The term “poultry grower” means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry;
(9) The term “poultry growing arrangement” means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another’s instructions, for slaughter;
(10) The term “live poultry dealer” means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and
(11) The term “
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Federal law — U.S. Code and appendices · legal_authorities
Page 347
TITLE 7—AGRICULTURE
§ 222
(A) in exchange for payment of new value;
and
(B) in good faith without notice that the
transfer is a breach of trust.
(2) Dishonored payment instrument
Payment shall not be considered to have
been made if a payment instrument given in
exchange for the livestock is dishonored.
(3) Transfer in satisfaction of antecedent debt
A transfer of livestock subject to a dealer
trust is not for value if the transfer is in satis-
faction of an antecedent debt or to a secured
party pursuant to a security agreement.
(f) Enforcement
Whenever the Secretary has reason to believe
that a dealer subject to this section has failed to
perform the duties required by this section or
whenever the Secretary has reason to believe
that it will be in the best interest of unpaid cash
sellers, the Secretary shall do one or more of the
following—
(1) appoint an independent trustee to carry
out the duties required by this section, pre-
serve trust assets, and enforce the trust;
(2) serve as independent trustee, preserve
trust assets, and enforce the trust; or
(3) file suit in the United States district
court for the district in which the dealer re-
sides to enjoin the dealer’s failure to perform
the duties required by this section, preserve
trust assets, and to enforce the trust. Attor-
neys employed by the Secretary may, with the
approval of the Attorney General, represent
the Secretary in any such suit. Nothing herein
shall preclude unpaid sellers from filing suit
to preserve or enforce the trust.
(Aug. 15, 1921, ch. 64, title III, § 318, as added Pub.
L. 116–260, div. N, title VII, § 763, Dec. 27, 2020, 134
Stat. 2114.)
SUBCHAPTER IV—LIVE POULTRY DEALERS
AND HANDLERS
§§ 218 to 218d. Repealed. Pub. L. 100–173, § 10,
Nov. 23, 1987,
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