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 Provisions similar to those in this section were con- tained in the following prior appropriation acts: July 22, 1942, ch. 516, 56 Stat. 689. 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, ch. 404, 50 Stat. 406. June 4, 1936, ch. 489, 49 Stat. 1432. May 17, 1935, ch. 131, title I, 49 Stat. 257. Mar. 26, 1934, ch. 89, 48 Stat. 477. Mar. 3, 1933, ch. 203, 47 Stat. 1441. July 7, 1932, ch. 443, 47 Stat. 620. Feb. 23, 1931, ch. 278, 46 Stat. 1252. May 27, 1930, ch. 341, 46 Stat. 402. Feb. 16, 1929, ch. 227, 45 Stat. 1198. May 16, 1928, ch. 572, 45 Stat. 547. Jan. 18, 1927, ch. 39, 44 Stat. 1002. May 11, 1926, ch. 286, 44 Stat. 527. Feb. 10, 1925, ch. 200, 43 Stat. 851. June 5, 1924, ch. 266, 43 Stat. 460. § 205. General duty as to services; revocation of registration All stockyard services furnished pursuant to reasonable request made to a stockyard owner or market agency at such stockyard shall be reasonable and nondiscriminatory and stock- yard services which are furnished shall not be refused on any basis that is unreasonable or un- justly discriminatory: Provided, That in any State where the weighing of livestock at a stockyard is conducted by a duly authorized de- partment or agency of the State, the Secretary, upon application of such department or agency, may register it as a market agency for the weighing of livestock received in such stock- yard, and upon such registration such depart- ment or agency and the members thereof shall be amenable to all the requirements of this chapter, and upon failure of such department or agency or the members thereof to comply with the orders of the Secretary under this chapter he is authorized to revoke the registration of such department or agency and to enforce such revocation as provided in section 216 of this title. (Aug. 15, 1921, ch. 64, title III, § 304, 42 Stat. 164; May 5, 1926, ch. 240, 44 Stat. 397; Pub. L. 90–446, § 1(c), July 31, 1968, 82 Stat. 474.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–446 inserted provision requiring that stockyard services which are furnished not be refused on any basis that is unreasonable or unjustly discrimi- natory. 1926—Act May 5, 1926, inserted proviso. § 206. Rates and charges generally; discrimina- tion All rates or charges made for any stockyard services furnished at a stockyard by a stockyard owner or market agency shall be just, reason- able, and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful: Pro- vided, That rates and charges based upon per- centages 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. (Aug. 15, 1921, ch. 64, title III, § 305, 42 Stat. 164; Pub. L. 95–409, § 1(a), Oct. 2, 1978, 92 Stat. 886.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–409 inserted proviso that rates and charges based upon percentages of gross sales of live- stock shall not be prohibited merely because based on such percentages rather than on a per head basis. § 207. Schedule of rates (a) Filing; public inspection Within sixty days after the Secretary has given public notice that a stockyard is within the definition of section 202 of this title, by posting copies of such notice in the stockyard, the stockyard owner and every market agency at such stockyard shall file with the Secretary, and print and keep open to public inspection at the stockyard, schedules showing all rates and charges for the stockyard services furnished by such person at such stockyard. If a market agen- cy commences business at the stockyard after the expiration of such sixty days such schedules must be filed before any stockyard services are furnished. (b) Detail required; form Such schedules shall plainly state all such rates and charges in such detail as the Secretary