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7 U.S.C. § 206 — Rates and charges generally; discrimination

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

7 U.S.C. § 206 — Rates and charges generally; discrimination

All rates or charges made for any stockyard services furnished at a stockyard by a stockyard owner or market agency shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful: Provided, That rates and charges based upon percentages of the gross sales prices of livestock shall not be prohibited merely because they are based upon such percentages rather than on a per head basis.

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Source file: Laws/federal/codes/united-states-code/title-7/section-206-rates-and-charges-generally-discrimination--191e93c1fe.md
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Source location: Title 7, Chapter 9, § 206; chapter-009-packers-and-stockyards.md

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

7 U.S.C. § 211 — Order of Secretary as to charges or practices; prescribing rates and practices generally

Whenever after full hearing upon a complaint made 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 after full hearing under an order for investigation and hearing made by the Secretary on his own initiative, either in extension of any pending complaint or without any complaint whatever, the Secretary is of the opinion that any rate, charge, regulation, or practice of a stockyard owner or market agency, for or in connection with the furnishing of stockyard services, is or will be violative of section 205, 206, or 208 of this title, the Secretary— **(a)** May in accordance with the standard set forth in [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section206&num=0&edition=prelim) determine and prescribe what will be the rate or charge, or rates or charges, to be thereafter in such case observed as the maximum or minimum or both to be charged, and what regulation or practice is or will be just, reasonable, and nondiscriminatory to be thereafter followed: Provided, That the Secretary shall prescribe the rate or charge, or rates or charges, on a percentage or per head basis at the election of the stockyard owner or market agency, or on any other basis elected by the stockyard owner or market agency unless the Secretary finds such other basis to be violative of [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section206&num=0&edition=prelim); and **(b)** May make an order that such owner or operator (1) shall cease and desist from such violation to the extent to which the Secretary finds that it does or will exist; (2) shall not thereafter publish, demand, or collect any rate or c

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

7 U.S.C. § 206 — Rates and charges generally; discrimina-

Page 341 TITLE 7—AGRICULTURE § 207 will be exempt from the provisions of this para- graph), and every other person operating as a dealer (as defined in this subchapter) under such rules and regulations as he may prescribe, to se- cure the performance of their obligations, and whenever, after due notice and hearing, the Sec- retary 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 sus- pension 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 requiring such packer to cease and de- sist from purchasing livestock while insolvent, or while insolvent purchasing livestock except under such conditions as the Secretary may pre- scribe to effectuate the purposes of this chapter. (July 12, 1943, ch. 215, 57 Stat. 422; Pub. L. 94–410, §§ 1, 4, Sept. 13, 1976, 90 Stat. 1249.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Ag- riculture Appropriation Act, 1944, act July 12, 1943, and not as part of the Packers and Stockyards Act, 1921, which comprises this chapter. AMENDMENTS 1976—Pub. L. 94–410 inserted provisions exempting market agencies and packers whose average annual purchases do not exceed $500,000 from bonding require- ment and authorizing Secretary, after notice and hear- ing, to issue cease and desist orders to insolvent pack- ers prohibiting the purchase of livestock except under conditions prescribed by Secretary, respectively. PRIOR PROVISIONS Provi

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