7 U.S.C. § 192 — Unlawful practices enumerated

Page 332 TITLE 7—AGRICULTURE § 183 (14) SWINE PRODUCTION CONTRACT GROWER.— The term ‘‘swine production contract grower’’ means any person engaged in the business of raising and caring for swine in accordance with the instructions of another person. (Aug. 15, 1921, ch. 64, title I, § 2(a), 42 Stat. 159; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249; Pub. L. 100–173, § 2, Nov. 23, 1987, 101 Stat. 917; Pub. L. 107–171, title X, § 10502(a), May 13, 2002, 116 Stat. 509.) Editorial Notes CODIFICATION Section is composed of subsec. (a) of section 2 of act Aug. 15, 1921. Subsec. (b) of section 2 is classified to sec- tion 183 of this title. AMENDMENTS 2002—Pars. (12) to (14). Pub. L. 107–171 added pars. (12) to (14). 1987—Pars. (6) to (11). Pub. L. 100–173 added pars. (6) to (10) and redesignated former par. (6) as (11). 1976—Pars. (4), (5). Pub. L. 94–410 substituted ‘‘live- stock’’ for ‘‘live stock’’ in par. (4) and for ‘‘live-stock’’ in par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–173, § 12, Nov. 23, 1987, 101 Stat. 923, pro- vided that: ‘‘This Act and the amendments made by this Act [enacting sections 197 and 228b–1 to 228b–4 of this title, amending this section and sections 192, 209, 221, 223, 227, and 228a of this title, repealing sections 218 to 218d of this title, and enacting provisions set out as notes under sections 181 and 227 of this title] shall take effect 90 days after the date of the enactment of this Act [Nov. 23, 1987].’’ SAVINGS PROVISION Pub. L. 94–410, § 10, Sept. 13, 1976, 90 Stat. 1252, pro- vided that: ‘‘Pending proceedings shall not be abated by reason of any provision of this Act [enacting sections 196 and 228a to 228c of this title and amending this sec- tion and sections 183, 191 to 193, 201, 204, 207, 209, 210, 212, 213, 228, and 229 of this title], but shall be disposed of pursuant to the provisions of the Packers and Stock- yards Act, 1921, as amended [this chapter], and the Act of July 12, 1943 [section 204 of this title], in effect im- mediately prior to the effective date of this Act [Sept. 13, 1976].’’ § 183. When transaction deemed in commerce; ‘‘State’’ defined For the purpose of this chapter (but not in anywise limiting the definition in section 182 of this title) a transaction in respect to any article shall be considered to be in commerce if such ar- ticle is part of that current of commerce usual in the livestock and meat-packing industries, whereby livestock, meats, meat food products, livestock products, dairy products, poultry, poultry products, or eggs, are sent from one State with the expectation that they will end their transit, after purchase, in another, includ- ing, in addition to cases within the above gen- eral description, all cases where purchase or sale is either for shipment to another State, or for slaughter of livestock within the State and the shipment outside the State of the products re- sulting from such slaughter. Articles normally in such current of commerce shall not be consid- ered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provi- sions of this chapter. For the purpose of this sec- tion the word ‘‘State’’ includes Territory, the District of Columbia, possession of the United States, and foreign nation. (Aug. 15, 1921, ch. 64, title I, § 2(b), 42 Stat. 160; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249.) Editorial Notes CODIFICATION Section is composed of subsec. (b) of section 2 of act Aug. 15, 1921. Subsec. (a) of section 2 is classified to sec- tion 182 of this title. AMENDMENTS 1976—Pub. L. 94–410 substituted ‘‘livestock’’ for ‘‘live stock’’ and ‘‘live-stock’’ wherever appearing. SUBCHAPTER II—PACKERS GENERALLY PART A—GENERAL PROVISIONS § 191. ‘‘Packer’’ defined When used in this chapter the term ‘‘packer’’ means any person engaged in the business (a) of buying livestock in commerce for purposes of slaughter, or (b) of manufacturing or preparing meats or meat food products for sale or ship- ment in commerce, or (c) of marketing meats, meat food products, or livestock products in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce. (Aug. 15, 1921, ch. 64, title II, § 201, 42 Stat. 160; Pub. L. 94–410, § 2, Sept. 13, 1976, 90 Stat. 1249.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–410 substituted definition of ‘‘pack- er’’ for former definition which included provisions dealing with direct or indirect control of specified busi- nesses through stock ownership or otherwise. § 192. Unlawful practices enumerated It shall be unlawful for any packer or swine contractor with respect to livestock, meats, meat food products, or livestock products in un- manufactured form, or for any live poultry deal- er with respect to live poultry, to: (a) Engage in or use any unfair, unjustly dis- criminatory, or deceptive practice or device; or (b) Make or give any undue or unreasonable preference or advantage to any particular per- son or locality in any respect, or subject any particular person or locality to any undue or un- reasonable prejudice or disadvantage in any re- spect; or (c) Sell or otherwise transfer to or for any other packer, swine contractor, or any live poul- try dealer, or buy or otherwise receive from or for any other packer, swine contractor, or any live poultry dealer, any article for the purpose or with the effect of apportioning the supply be- tween any such persons, if such apportionment has the tendency or effect of restraining com- merce or of creating a monopoly; or (d) Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the pur- Page 333 TITLE 7—AGRICULTURE § 193 pose or with the effect of manipulating or con- trolling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce; or (e) Engage in any course of business or do any act for the purpose or with the effect of manipu- lating or controlling prices, or of creating a mo- nopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining com- merce; or (f) Conspire, combine, agree, or arrange with any other person (1) to apportion territory for carrying on business, or (2) to apportion pur- chases or sales of any article, or (3) to manipu- late or control prices; or (g) Conspire, combine, agree, or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by subdivisions (a), (b), (c), (d), or (e). (Aug. 15, 1921, ch. 64, title II, § 202, 42 Stat. 161; Aug. 15, 1921, ch. 64, title V, § 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649; Pub. L. 85–909, § 1(1), Sept. 2, 1958, 72 Stat. 1749; Pub. L. 94–410, § 3(a), Sept. 13, 1976, 90 Stat. 1249; Pub. L. 100–173, § 3, Nov. 23, 1987, 101 Stat. 917; Pub. L. 102–237, title X, § 1008(1), Dec. 13, 1991, 105 Stat. 1898; Pub. L. 106–78, title IX, § 912, Oct. 22, 1999, 113 Stat. 1205; Pub. L. 107–171, title X, § 10502(b)(1), (2)(A), May 13, 2002, 116 Stat. 509, 510.) AMENDMENT OF SECTION For termination of amendment by section 942 of Pub. L. 106–78, see Termination Date of 1999 Amendment note below. Editorial Notes AMENDMENTS 2002—Pub. L. 107–171, § 10502(b)(1), substituted ‘‘packer or swine contractor’’ for ‘‘packer’’ in introductory pro- visions. Subsec. (c). Pub. L. 107–171, § 10502(b)(2)(A), inserted ‘‘, swine contractor,’’ after ‘‘other packer’’ in two places. 1999—Subsec. (b). Pub. L. 106–78, §§ 912, 942, tempo- rarily struck out ‘‘whatsoever’’ after ‘‘locality in any respect’’ and after ‘‘disadvantage in any respect’’. See Termination Date of 1999 Amendment note below. 1991—Subsec. (c). Pub. L. 102–237 substituted a comma for period after second reference to ‘‘dealer’’. 1987—Pub. L. 100–173, § 3(1), substituted ‘‘for any pack- er with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, or for any live poultry dealer with respect to live poultry, to’’ for ‘‘with respect to livestock, meats, meat food prod- ucts, livestock products in unmanufactured form, poul- try, or poultry products for any packer or any live poultry dealer or handler to’’ in introductory provi- sions. Par. (c). Pub. L. 100–173, § 3(2), struck out reference to poultry handlers wherever appearing and substituted ‘‘such persons’’ for ‘‘such packers’’. 1976—Pub. L. 94–410 struck out ‘‘in commerce’’ wher- ever appearing. 1958—Pub. L. 85–909 inserted ‘‘with respect to live- stock, meats, meat food products, livestock products in unmanufactured form, poultry, or poultry products’’ after ‘‘unlawful’’. 1935—Act Aug. 15, 1921, title V, § 503, as added Aug. 14, 1935, inserted ‘‘or any live poultry dealer or handler’’ after ‘‘packer’’ wherever appearing. Statutory Notes and Related Subsidiaries TERMINATION DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–78 to terminate Mar. 14, 2025, see section 942 of Pub. L. 106–78, set out in a Live- stock Mandatory Reporting note under section 1635 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title. § 193. Procedure before Secretary for violations (a) Complaint; hearing; intervention Whenever the Secretary has reason to believe that any packer or swine contractor has vio- lated or is violating any provision of this sub- chapter, he shall cause a complaint in writing to be served upon the packer or swine contractor, stating his charges in that respect, and requir- ing the packer or swine contractor to attend and testify at a hearing at a time and place des- ignated 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 in- formed 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 con- tractor, 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 cov- ered 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 re- quiring 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 Depart- ment of Agriculture. The Secretary may also as- sess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this sec- tion, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may re- cover such penalty by an action in the appro- priate district court of the United States. (c) Amendment of report or order Until the record in such hearing has been filed in a court of appeals of the United States, as provided in section 194 of this title, the Sec- retary at any time, upon such notice and in such manner as he deems proper, but only after rea- sonable opportunity to the packer or swine con-