7 U.S.C. § 228c — Federal preemption of State and local re-

Page 354 TITLE 7—AGRICULTURE § 228b–4 (b) Notification of appeal to Secretary; filing of record with court The clerk of the court shall immediately cause a copy of the petition to be delivered to the Sec- retary, and the Secretary shall thereupon file in the court the record in such proceedings, as pro- vided in section 2112 of title 28. If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. (c) Issuance of temporary injunction At any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the live poultry dealer and his officers, directors, agents, and employ- ees, from violating any of the provisions of the order pending the final determination of the ap- peal. (d) Evidence in record as evidence in case; expe- dited proceedings The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be con- sidered by the court as the evidence in the case. The proceedings in such cases in the court of ap- peals shall be made a preferred cause and shall be expedited in every way. (e) Action by court The court may affirm, modify, or set aside the order of the Secretary. (f) Taking of additional evidence; modified or ad- ditional findings by Secretary If the court determines that the just and prop- er disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the ad- ditional evidence so taken, and he shall file such modified or new findings and his recommenda- tions, if any, for the modification or setting aside of his order, with the return of such addi- tional evidence. (g) Affirmance or modification of order as in- junction If the court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the live poultry dealer, and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified. (h) Exclusive jurisdiction of court of appeals; fi- nality of decree; appeal to Supreme Court; stay of decree The court of appeals shall have jurisdiction which upon the filing of the record with it shall be exclusive, to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 1254 of title 28, if such writ is duly ap- plied for within 60 days after entry of the decree. The issue of such writ shall not operate as a stay of the decree of the court of appeals, inso- far as such decree operates as an injunction, un- less so ordered by the Supreme Court. (Aug. 15, 1921, ch. 64, title IV, § 412, as added Pub. L. 100–173, § 9(2), Nov. 23, 1987, 101 Stat. 921.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Nov. 23, 1987, see sec- tion 12 of Pub. L. 100–173, set out as an Effective Date of 1987 Amendment note under section 182 of this title. § 228b–4. Violation of final order by live poultry dealer; penalty Any live poultry dealer, or any officer, direc- tor, agent, or employee of a live poultry dealer, who fails to obey any order of the Secretary issued under the provisions of section 228b–2 of this title, or such order as modified— (1) after the expiration of the time allowed for filing a petition in the court of appeals to set aside or modify such order, if no such peti- tion has been filed within such time; (2) after the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has been sus- tained by the court of appeals and no such writ has been applied for within such time; or (3) after such order, or such order as modi- fied, has been sustained by the courts as pro- vided in section 228b–3 of this title; shall on conviction be fined not less than $1,000 nor more than $20,000. Each day during which such failure continues shall be deemed a sepa- rate offense. (Aug. 15, 1921, ch. 64, title IV, § 413, as added Pub. L. 100–173, § 9(2), Nov. 23, 1987, 101 Stat. 922.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Nov. 23, 1987, see sec- tion 12 of Pub. L. 100–173, set out as an Effective Date of 1987 Amendment note under section 182 of this title. § 228c. Federal preemption of State and local re- quirements No requirement of any State or territory of the United States, or any subdivision thereof, or the District of Columbia, with respect to bond- ing 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, and prompt payment provisions of section 228b of this title, respectively: Provided, That this section shall not preclude a State from en- forcing a requirement, with respect to payment for livestock purchased by a packer at a stock- yard subject to this chapter, which is not in con- flict with this chapter or regulations there- under: Provided further, That this section shall not preclude a State from enforcing State law or regulations with respect to any packer not sub- ject to this chapter or section 204 of this title. (Aug. 15, 1921, ch. 64, title IV, § 414, formerly § 410, as added Pub. L. 94–410, § 9, Sept. 13, 1976, 90 Page 355 TITLE 7—AGRICULTURE § 229b Stat. 1252; renumbered § 414, Pub. L. 100–173, § 9(1), Nov. 23, 1987, 101 Stat. 919.) § 228d. Annual assessment of cattle and hog in- dustries Not later than March 1 of each year, the Sec- retary shall submit to Congress and make pub- licly 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 con- cerns under this chapter. (Aug. 15, 1921, ch. 64, title IV, § 415, as added Pub. L. 106–472, title III, § 312(e)(2), Nov. 9, 2000, 114 Stat. 2077.) Editorial Notes PRIOR PROVISIONS A prior section 415 of act Aug. 15, 1921, was renum- bered section 417 and is classified to section 229c of this title. § 229. Repealed. 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 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. Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 repealed this sec- tion. 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 renum- bered section 417 and is classified to section 229c of this title. Another prior section 416 of act Aug. 15, 1921, was classified to section 229a of this title, prior to repeal by Pub. L. 106–78. Statutory Notes and Related Subsidiaries 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 re- peal 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]. [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.] § 229a. Repealed. Pub. L. 106–78, title IX, § 913(a), Oct. 22, 1999, 113 Stat. 1205 Section, act Aug. 15, 1921, ch. 64, title IV, § 416, as added Pub. L. 105–277, div. A, § 101(a) [title XI, § 1127(a)], Oct. 21, 1998, 112 Stat. 2681, 2681–46, related to manda- tory domestic reporting pilot investigation. TERMINATION OF REPEAL For termination of repeal by section 942 of Pub. L. 106–78, see Livestock Mandatory Re- porting note set out under section 1635 of this title. Statutory Notes and Related Subsidiaries TERMINATION DATE OF REPEAL Repeal by Pub. L. 106–78 to terminate Mar. 14, 2025, see section 942 of Pub. L. 106–78, set out in a Livestock Mandatory Reporting note under section 1635 of this title. § 229b. Right to discuss terms of contract (a) Definitions In this section: (1) Producer The term ‘‘producer’’ means any person en- gaged in the raising and caring for livestock or poultry for slaughter. (2) Processor The term ‘‘processor’’ means any person en- gaged in the business of obtaining livestock or poultry for the purpose of slaughtering the livestock or poultry. (b) No prohibition of discussion Notwithstanding a provision in any contract between a producer and a processor for the pro- duction of livestock or poultry, or in any mar- keting agreement between a producer and a processor for the sale of livestock or poultry for a term of 1 year or more, that provides that in- formation contained in the contract is confiden- tial, a party to the contract shall not be prohib- ited from discussing any terms or details of the contract with— (1) a Federal or State agency; (2) a legal adviser to the party; (3) a lender to the party; (4) an accountant hired by the party; (5) an executive or manager of the party; (6) a landlord of the party; or (7) a member of the immediate family of the party. (c) Effect on State laws Subsection (b) does not— (1) preempt any State law that addresses confidentiality provisions in contracts for the sale or production of livestock or poultry, ex- cept any provision of State law that makes lawful a contract provision that prohibits a party from, or limits a party in, engaging in discussion that subsection (b) requires to be permitted; or (2) deprive any State court of jurisdiction under any such State law. (d) Applicability This section applies to each contract described in subsection (b) that is entered into, amended, renewed, or extended after May 13, 2002. (Pub. L. 107–171, title X, § 10503, May 13, 2002, 116 Stat. 510.) Editorial Notes CODIFICATION Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the