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7 U.S.C. § 209 — Liability to individuals for violations; enforcement generally

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

7 U.S.C. § 209 — Liability to individuals for violations; enforcement generally

**(a)** If any person subject to this chapter violates any of the provisions of this chapter, or of any order of the Secretary under this chapter, relating to the purchase, sale, or handling of livestock, the purchase or sale of poultry, or relating to any poultry growing arrangement or swine production contract, he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation. **(b)** Such liability may be enforced either (1) by complaint to the Secretary 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 (2) by suit in any district court of the United States of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.

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Source location: Title 7, Chapter 9, § 209; chapter-009-packers-and-stockyards.md

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

7 U.S.C. § 210 — Proceedings before Secretary for violations

**(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

7 U.S.C. § 182 — Definitions

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

7 U.S.C. § 209 — Liability to individuals for violations; en-

Page 343 TITLE 7—AGRICULTURE § 210 Editorial Notes AMENDMENTS 1968—Pub. L. 90–446 designated existing provisions as subsec. (a) and added subsec. (b). § 209. Liability to individuals for violations; en- forcement generally (a) If any person subject to this chapter vio- lates any of the provisions of this chapter, or of any order of the Secretary under this chapter, relating to the purchase, sale, or handling of livestock, the purchase or sale of poultry, or re- lating to any poultry growing arrangement or swine production contract, he shall be liable to the person or persons injured thereby for the full amount of damages sustained in con- sequence of such violation. (b) Such liability may be enforced either (1) by complaint to the Secretary as provided in sec- tion 210 of this title, or (2) by suit in any district court of the United States of competent juris- diction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies. (Aug. 15, 1921, ch. 64, title III, § 308, 42 Stat. 165; Pub. L. 94–410, § 6, Sept. 13, 1976, 90 Stat. 1250; Pub. L. 100–173, § 5, Nov. 23, 1987, 101 Stat. 918; Pub. L. 107–171, title X, § 10502(b)(2)(B), May 13, 2002, 116 Stat. 510.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–171 inserted ‘‘or swine production contract’’ after ‘‘poultry growing arrange- ment’’. 1987—Subsec. (a). Pub. L. 100–173 inserted ‘‘the pur- chase or sale of poultry, or relating to any poultry growing arrangement,’’ after ‘‘livestock,’’. 1976—Subsec. (a). Pub. L. 94–410 struck out references to violations of specific sections and added packers to categories of regulated persons against whom private action could b

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