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

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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Source location: Title 7, Chapter 9, § 204; chapter-009-packers-and-stockyards.md

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

7 U.S.C. § 193 — Procedure before Secretary for violations

**(a) Complaint; hearing; intervention** Whenever the Secretary has reason to believe that any packer or swine contractor has violated or is violating any provision of this subchapter, he shall cause a complaint in writing to be served upon the packer or swine contractor, stating his charges in that respect, and requiring the packer or swine contractor to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the packer or swine contractor 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 packer or swine contractor, be adjourned for a period not exceeding fifteen days. **(b) Report and order; penalty** If, after such hearing, the Secretary finds that the packer or swine contractor has violated or is violating any provisions of this subchapter covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the packer or swine contractor an order requiring such packer or swine contractor to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agricul

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

11 U.S.C. § 525 — Protection against discriminatory treatment

**(a)** Except as provided in the Perishable Agricultural Commodities Act, 1930, the Packers and Stockyards Act, 1921, and section 1 of the Act entitled “An Act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1944, and for other purposes,” approved July 12, 1943, a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act, or another person with whom such bankrupt or debtor has been associated, solely because such bankrupt or debtor is or has been a debtor under this title or a bankrupt or debtor under the Bankruptcy Act, has been insolvent before the commencement of the case under this title, or during the case but before the debtor is granted or denied a discharge, or has not paid a debt that is dischargeable in the case under this title or that was discharged under the Bankruptcy Act. **(b)** No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt— (1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act; (2) has been insolvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or (3) has not paid a debt that is disc

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

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

Page 340 TITLE 7—AGRICULTURE § 202 buying or selling in commerce livestock, either on his own account or as the employee or agent of the vendor or purchaser. (Aug. 15, 1921, ch. 64, title III, § 301, 42 Stat. 163; Pub. L. 85–909, § 2(1), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249; Pub. L. 114–237, § 2, Oct. 7, 2016, 130 Stat. 970.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–237, § 2(b)(1), substituted ‘‘In this chapter:’’ for ‘‘When used in this chapter—’’ in intro- ductory provisions. Subsec. (a). Pub. L. 114–237, § 2(b)(2), substituted pe- riod for semicolon at end. Subsec. (b). Pub. L. 114–237, § 2(b)(3)(B), substituted period for semicolon at end. Pub. L. 114–237, § 2(b)(3)(A), which directed amend- ment of subsec. (b) by substituting ‘‘weighing’’ for ‘‘weighting’’, could not be executed because the word ‘‘weighing’’ already appeared in text. Subsec. (c). Pub. L. 114–237, § 2(a), substituted period for ‘‘; and’’ after ‘‘stockyard services’’ and inserted at end ‘‘Beginning on October 7, 2016, such term includes any person who engages in the business of buying or selling livestock, on a commission or other fee basis, through the use of online, video, or other electronic methods when handling or providing the means to han- dle receivables or proceeds from such buying or selling, so long as such person’s annual average of online, video, or electronic sales of livestock, on a commission or other fee basis, exceeds $250,000.’’ 1976—Subsecs. (b) to (d). Pub. L. 94–410 substituted ‘‘livestock’’ for ‘‘live stock’’. 1958—Subsecs. (c), (d). Pub. L. 85–909 struck out ‘‘at a stockyard’’ after ‘‘livestock’’. § 202. ‘‘Stockyard’’ defined; determination by Sec- retary as to particular yard (a) When used in this

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