7 U.S.C. § 228a — Authority of Secretary to request tem-

Page 351 TITLE 7—AGRICULTURE § 228a tion in detail of the amount requested in the budget to be appropriated for the next fiscal year for the purposes authorized in this chapter. (d) Development and promulgation of rules gov- erning hearings The Secretary shall, not later than sixty days after September 13, 1976, prescribe and imple- ment rules to assure that any hearing from which any order may issue under this chapter or any hearing the expenses of which are paid from funds authorized to be appropriated under this chapter shall— (1) if such hearing concerns a single unit of local government or the residents thereof, be held within the boundaries of such unit; (2) if such hearing concerns a single geo- graphic area within a State or the residents thereof, be held within the boundaries of such area; or (3) if such hearing concerns a single State or the residents thereof, be held within such State. (e) Definitions For the purposes of subsection (d)— (1) the term ‘‘unit of local government’’ means a county, municipality, town, town- ship, village, or other unit of general govern- ment below the State level; and (2) the term ‘‘geographic area within a State’’ means a special purpose district or other region recognized for governmental pur- poses within such State which is not a unit of local government. (Aug. 15, 1921, ch. 64, title IV, § 407, 42 Stat. 169; Pub. L. 85–909, § 4, Sept. 2, 1958, 72 Stat. 1750; Pub. L. 88–61, July 8, 1963, 77 Stat. 79; Pub. L. 94–410, § 11, Sept. 13, 1976, 90 Stat. 1252; Pub. L. 103–354, title II, § 293(b), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 103–437, § 4(a)(2), Nov. 2, 1994, 108 Stat. 4581.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–354, § 293(b)(1), (2), redes- ignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘The Secretary shall main- tain within the Department of Agriculture a separate enforcement unit to administer and enforce subchapter II of this chapter.’’ Subsec. (c). Pub. L. 103–437, which directed the amendment of subsec. (d) by substituting ‘‘Committee on Agriculture, Nutrition, and Forestry’’ for ‘‘Com- mittee on Agriculture and Forestry’’, was executed by making the amendment to subsec. (c) to reflect the probable intent of Congress and the intervening redes- ignation of subsec. (d) as (c) by Pub. L. 103–354. See below. Pub. L. 103–354, § 293(b)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). Subsecs. (d) to (f). Pub. L. 103–354, § 293(b)(2), (3), re- designated subsecs. (d) to (f) as (c) to (e), respectively, and in subsec. (e) substituted ‘‘subsection (d)’’ for ‘‘sub- section (e)’’. 1976—Subsecs. (d) to (f). Pub. L. 94–410 added subsecs. (d) to (f). 1963—Subsec. (c). Pub. L. 88–61 added subsec. (c). 1958—Pub. L. 85–909 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 110–234, title XI, § 11006, May 22, 2008, 122 Stat. 1358, and Pub. L. 110–246, § 4(a), title XI, § 11006, June 18, 2008, 122 Stat. 1664, 2120, provided that: ‘‘As soon as practicable, but not later than 2 years after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall promulgate regulations with re- spect to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) to establish criteria that the Secretary will consider in determining— ‘‘(1) whether an undue or unreasonable preference or advantage has occurred in violation of such Act; ‘‘(2) whether a live poultry dealer has provided rea- sonable notice to poultry growers of any suspension of the delivery of birds under a poultry growing ar- rangement; ‘‘(3) when a requirement of additional capital in- vestments over the life of a poultry growing arrange- ment or swine production contract constitutes a vio- lation of such Act; and ‘‘(4) if a live poultry dealer or swine contractor has provided a reasonable period of time for a poultry grower or a swine production contract grower to rem- edy a breach of contract that could lead to termi- nation of the poultry growing arrangement or swine production contract.’’ [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.] § 228a. Authority of Secretary to request tem- porary injunction or restraining order Whenever the Secretary has reason to believe that any person subject to this chapter (a) with respect to any transactions subject to this chap- ter, has failed to pay or is unable to pay for live- stock, meats, meat food products, or livestock products in unmanufactured form, or live poul- try, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement, or has failed to remit to the person entitled thereto the net proceeds from the sale of any such com- modity sold on a commission basis; or (b) has operated while insolvent, or otherwise in viola- tion of this chapter in a manner which may rea- sonably be expected to cause irreparable damage to another person; or (c) does not have the re- quired bond; and that it would be in the public interest to enjoin such person from operating subject to this chapter or enjoin him from oper- ating subject to this chapter except under such conditions as would protect vendors or con- signors of such commodities or other affected persons, until a complaint under this chapter is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective within the meaning of this chapter or is set aside on ap- pellate review of the Secretary’s order, the Sec- retary may notify the Attorney General, who may apply to the United States district court for the district in which such person has his principal place of business or in which he resides for a temporary injunction or restraining order. When needed to effectuate the purposes of this section, the court shall, upon a proper showing, issue a temporary injunction or restraining order, without bond. Attorneys employed by the Secretary of Agriculture may, with the approval of the Attorney General, appear in the United States district court representing the Secretary in any action seeking such a temporary re- straining order or injunction. (Aug. 15, 1921, ch. 64, title IV, § 408, as added Pub. L. 94–410, § 5, Sept. 13, 1976, 90 Stat. 1250; amend- ed Pub. L. 100–173, § 8, Nov. 23, 1987, 101 Stat. 919.) Page 352 TITLE 7—AGRICULTURE § 228b Editorial Notes CODIFICATION A prior section 228a, act Sept. 21, 1944, ch. 412, title I, § 101(c), 58 Stat. 734, which related to inspections of livestock, hides, animal products, etc., was transferred to section 396 of this title. PRIOR PROVISIONS A prior section 408 of act Aug. 15, 1921, was renum- bered section 417 and is classified to section 229c of this title. AMENDMENTS 1987—Pub. L. 100–173 inserted ‘‘or live poultry, or has failed to pay any poultry grower what is due on ac- count of poultry obtained under a poultry growing ar- rangement,’’ after ‘‘unmanufactured form,’’. Statutory Notes and Related Subsidiaries 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. § 228b. Prompt payment for purchase of livestock (a) Full amount of purchase price required; methods of payment Each packer, market agency, or dealer pur- chasing livestock shall, before the close of the next business day following the purchase of live- stock and transfer of possession thereof, deliver to the seller or his duly authorized representa- tive the full amount of the purchase price: Pro- vided, That each packer, market agency, or deal- er purchasing livestock for slaughter shall, be- fore the close of the next business day following purchase of livestock and transfer of possession thereof, actually deliver at the point of transfer of possession to the seller or his duly authorized representative a check or shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other expeditious method deter- mined appropriate by the Secretary for the full amount of the purchase price; or, in the case of a purchase on a carcass or ‘‘grade and yield’’ basis, the purchaser shall make payment by check at the point of transfer of possession or shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other ex- peditious method determined appropriate by the Secretary for the full amount of the purchase price not later than the close of the first busi- ness day following determination of the pur- chase price: Provided further, That if the seller or his duly authorized representative is not present to receive payment at the point of transfer of possession, as herein provided, the packer, mar- ket agency or dealer shall transfer funds for the full amount of the purchase price by wire, elec- tronic funds transfer, or any other expeditious method determined appropriate by the Sec- retary or place a check in the United States mail for the full amount of the purchase price, properly addressed to the seller, within the time limits specified in this subsection, such action being deemed compliance with the requirement for prompt payment. (b) Waiver of prompt payment by written agree- ment; disclosure requirements Notwithstanding the provisions of subsection (a) of this section and subject to such terms and conditions as the Secretary may prescribe, the parties to the purchase and sale of livestock may expressly agree in writing, before such pur- chase or sale, to effect payment in a manner other than that required in subsection (a). Any such agreement shall be disclosed in the records of any market agency or dealer selling the live- stock, and in the purchaser’s records and on the accounts or other documents issued by the pur- chaser relating to the transaction. (c) Delay in payment or attempt to delay deemed unfair practice Any delay or attempt to delay by a market agency, dealer, or packer purchasing livestock, the collection of funds as herein provided, or otherwise for the purpose of or resulting in ex- tending the normal period of payment for such livestock shall be considered an ‘‘unfair prac- tice’’ in violation of this chapter. Nothing in this section shall be deemed to limit the mean- ing of the term ‘‘unfair practice’’ as used in this chapter. (Aug. 15, 1921, ch. 64, title IV, § 409, as added Pub. L. 94–410, § 7, Sept. 13, 1976, 90 Stat. 1250; amend- ed Pub. L. 114–237, § 3, Oct. 7, 2016, 130 Stat. 970.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–237, § 3, substituted ‘‘shall transfer funds for the full amount of the pur- chase price to the account of the seller by wire, elec- tronic funds transfer, or any other expeditious method determined appropriate by the Secretary’’ for ‘‘shall wire transfer funds to the seller’s account’’ in two places in first proviso and ‘‘or dealer shall transfer funds for the full amount of the purchase price by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary’’ for ‘‘or dealer shall wire transfer funds’’ in second proviso. § 228b–1. Final date for making payment to cash seller or poultry grower (a) Delivery of full amount due Each live poultry dealer obtaining live poultry by purchase in a cash sale shall, before the close of the next business day following the purchase of poultry, and each live poultry dealer obtain- ing live poultry under a poultry growing ar- rangement shall, before the close of the fif- teenth day following the week in which the poultry is slaughtered, deliver, to the cash seller or poultry grower from whom such live poultry dealer obtains the poultry, the full amount due to such cash seller or poultry grower on account of such poultry. (b) Delay or attempt to delay collection of funds as ‘‘unfair practice’’ Any delay or attempt to delay, by a live poul- try dealer which is a party to any such trans- action, the collection of funds as herein pro- vided, or otherwise for the purpose of or result- ing in extending the normal period of payment for poultry obtained by poultry growing ar- rangement or purchased in a cash sale, shall be