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7 U.S.C. § 229c — Separability
Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
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Source file: Laws/federal/codes/united-states-code/title-7/section-229c-separability--2cf780447a.md
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Source location: Title 7, Chapter 9, § 229c; chapter-009-packers-and-stockyards.md
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If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 15, 1921, ch. 64, title IV, § 416, as added Pub. L. 110–234, title XI, § 11004(a)(2), May 22, 2008, 122 Stat. 1355, and Pub. L. 110–246, § 4(a), title XI, § 11004(a)(2), June 18, 2008, 122 Stat. 1664, 2117, related to annual reports about investigations and enforcement actions.
#### Codification
Pub. L. 110–234 and Pub. L. 110–246 repealed this section. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
#### Prior Provisions
A prior section 416 of act Aug. 15, 1921, was renumbered section 417 and is classified to [section 229c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section229c&num=0&edition=prelim).
Another prior section 416 of act Aug. 15, 1921, was classified to [section 229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section229a&num=0&edition=prelim), prior to repeal by Pub. L. 106–78.
#### Effective Date of Repeal
Pub. L. 110–234, title XI, 11004(b), May 22, 2008, 122 Stat. 1356, and Pub. L. 110–246, § 4(a), title XI, § 11004(b), June 18, 2008, 122 Stat. 1664, 2118, provided that the repeal of this section is effective Sept. 30, 2012 [extended to Sept. 30, 2013, see section 701(a) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim)].
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim).]
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Federal law — U.S. Code and appendices · legal_authorities
Whenever the Secretary has reason to believe that any person subject to this chapter (a) with respect to any transactions subject to this chapter, has failed to pay or is unable to pay for livestock, meats, meat food products, or livestock products in unmanufactured form, or live poultry, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement, or has failed to remit to the person entitled thereto the net proceeds from the sale of any such commodity sold on a commission basis; or (b) has operated while insolvent, or otherwise in violation of this chapter in a manner which may reasonably be expected to cause irreparable damage to another person; or (c) does not have the required bond; and that it would be in the public interest to enjoin such person from operating subject to this chapter or enjoin him from operating subject to this chapter except under such conditions as would protect vendors or consignors of such commodities or other affected persons, until a complaint under this chapter is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective within the meaning of this chapter or is set aside on appellate review of the Secretary’s order, the Secretary may notify the Attorney General, who may apply to the United States district court for the district in which such person has his principal place of business or in which he resides for a temporary injunction or restraining order. When needed to effectuate the purposes of this section, the court shall, upon a proper showing, issue a temporary injunction or restraining order, without bond. Attorneys employed by the Secretary of Agriculture may, with the approval of the Attorney Gen
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Written complaint by Secretary; hearing; intervention; amended complaint** Whenever the Secretary has reason to believe that any live poultry dealer has violated or is violating any provision of [section 197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section197&num=0&edition=prelim) or [section 228b–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section228b-1&num=0&edition=prelim), he shall cause a complaint in writing to be served upon the live poultry dealer, stating his charges in that respect, and requiring the live poultry dealer to attend and testify at a hearing at a time and place designated therein, at least 30 days after the service of such complaint; and at such time and place there shall be afforded the live poultry dealer a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may, on application, be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing, the Secretary may amend the complaint; but in case of any amendment adding new charges, the hearing shall, on the request of the live poultry dealer, be adjourned for a period not exceeding 15 days.
**(b) Report on findings of fact by Secretary; cease and desist order; assessment of civil penalty; action by Attorney General upon live poultry dealer’s failure to pay penalty** If, after such hearing, the Secretary finds that the live poultry dealer has violated, or is violating, any provisions of [section 197 of this title](h
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Federal law — U.S. Code and appendices · legal_authorities
Not later than March 1 of each year, the Secretary shall submit to Congress and make publicly available a report that—
(1) assesses the general economic state of the cattle and hog industries;
(2) describes changing business practices in those industries; and
(3) identifies market operations or activities in those industries that appear to raise concerns under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 356
TITLE 7—AGRICULTURE
§ 229c
Packers and Stockyards Act, 1921, which comprises this
chapter.
§ 229c. Separability
If any provision of this chapter or the applica-
tion thereof to any person or circumstances is
held invalid, the validity of the remainder of the
chapter and of the application of such provision
to other persons and circumstances shall not be
affected thereby.
(Aug. 15, 1921, ch. 64, title IV, § 417, formerly
§ 408, 42 Stat. 169; renumbered § 411, Pub. L.
94–410, § 5, Sept. 13, 1976, 90 Stat. 1250; renum-
bered § 415, Pub. L. 100–173, § 9(1), Nov. 23, 1987,
101 Stat. 919; renumbered § 416, Pub. L. 106–472,
title III, § 312(e)(1), Nov. 9, 2000, 114 Stat. 2077; re-
numbered
§ 417,
Pub.
L.
110–234,
title
XI,
§ 11004(a)(1), May 22, 2008, 122 Stat. 1355, and Pub.
L. 110–246, § 4(a), title XI, § 11004(a)(1), June 18,
2008, 122 Stat. 1664, 2117.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 both renumbered
this section as section 417 of act Aug. 15, 1921. Pub. L.
110–234 was repealed by section 4(a) of Pub. L. 110–246 ef-
fective May 22, 2008, the date of enactment of Pub. L.
110–234.
Section was formerly classified to section 229 of this
title.
SUBCHAPTER VI—CHARGE FOR
INSPECTION
§ 231. Omitted
Editorial Notes
CODIFICATION
Section, act July 22, 1942, ch. 516, 56 Stat. 689, was
from the Department of Agriculture Appropriation Act,
1943, and provided for fees for inspection of brands ap-
pearing upon livestock. See section 217a of this title.
Similar provisions were contained in the following
prior appropriation acts:
July 1, 1941, ch. 267, 55 Stat. 432.
June 25, 1940, ch. 421, 54 Stat. 557.
June 30, 1939, ch. 253, title I, 53 Stat. 970.
June 16, 1938, ch. 464, title I, 52 Stat. 721.
June 29, 1937
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