7 U.S.C. § 182 — Definitions

Page 331 TITLE 7—AGRICULTURE § 182 § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952. See note set out under section 391 of this title. By order of Secretary of Agriculture, Packers and Stockyards Administration abolished on July 1, 1927, and enforcement of Packers and Stockyards Act of 1921, which is classified to this chapter, was put under con- trol of chief of Bureau of Animal Industry. SUBCHAPTER I—GENERAL DEFINITIONS § 181. Short title This chapter may be cited as the ‘‘Packers and Stockyards Act, 1921.’’ (Aug. 15, 1921, ch. 64, title I, § 1, 42 Stat. 159.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–237, § 1, Oct. 7, 2016, 130 Stat. 970, provided that: ‘‘This Act [amending sections 201 and 228b of this title] may be cited as the ‘Clarification of Treatment of Electronic Sales of Livestock Act of 2016’.’’ SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–173, § 1, Nov. 23, 1987, 101 Stat. 917, pro- vided that: ‘‘This Act [enacting sections 197 and 228b–1 to 228b–4 of this title, amending sections 182, 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 182 and 227 of this title] may be cited as the ‘Poultry Producers Financial Protection Act of 1987’.’’ IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES UNDER THIS CHAPTER Pub. L. 106–472, title III, § 312(a)-(d), Nov. 9, 2000, 114 Stat. 2076, 2077, provided that: ‘‘(a) IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE [NOW GOVERNMENT ACCOUNTABILITY OFFICE] REC- OMMENDATIONS.—Not later than 1 year after the date of the enactment of this Act [Nov. 9, 2000], the Secretary of Agriculture shall implement the recommendations contained in the report issued by the General Account- ing Office [now Government Accountability Office] en- titled ‘Packers and Stockyards Programs: Actions Needed to Improve Investigations of Competitive Prac- tices’, GAO/RCED–00–242, dated September 21, 2000. ‘‘(b) CONSULTATION.—During the implementation pe- riod referred to in subsection (a), and for such an addi- tional time period as needed to assure effective imple- mentation of the recommendations contained in the re- port referred to in such subsection, the Secretary of Agriculture shall consult and work with the Depart- ment of Justice and the Federal Trade Commission in order to— ‘‘(1) implement the recommendations in the report regarding investigation management, operations, and case methods development processes; and ‘‘(2) effectively identify and investigate complaints of unfair and anti-competitive practices in violation of the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and enforce the Act. ‘‘(c) TRAINING.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall develop and implement a training program for staff of the Department of Agriculture engaged in the investigation of complaints of unfair and anti-competi- tive activity in violation of the Packers and Stock- yards Act, 1921. In developing the training program, the Secretary of Agriculture shall draw on existing train- ing materials and programs available at the Depart- ment of Justice and the Federal Trade Commission, to the extent practicable. ‘‘(d) IMPLEMENTATION REPORT.—Not later than 1 year after the date of the enactment of this Act, the Sec- retary of Agriculture shall submit to Congress a report describing the actions taken to comply with this sec- tion.’’ § 182. Definitions When used in this chapter— (1) The term ‘‘person’’ includes individuals, partnerships, corporations, and associations; (2) The term ‘‘Secretary’’ means the Sec- retary of Agriculture; (3) The term ‘‘meat food products’’ means all products and byproducts of the slaughtering and meat-packing industry—if edible; (4) The term ‘‘livestock’’ means cattle, sheep, swine, horses, mules, or goats—whether live or dead; (5) The term ‘‘livestock products’’ means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock; (6) The term ‘‘poultry’’ means chickens, tur- keys, ducks, geese, and other domestic fowl; (7) The term ‘‘poultry product’’ means any product or byproduct of the business of slaugh- tering poultry and processing poultry after slaughter; (8) The term ‘‘poultry grower’’ means any person engaged in the business of raising and caring for live poultry for slaughter by an- other, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry; (9) The term ‘‘poultry growing arrangement’’ means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poul- try for delivery, in accord with another’s in- structions, for slaughter; (10) The term ‘‘live poultry dealer’’ means any person engaged in the business of obtain- ing live poultry by purchase or under a poul- try growing arrangement for the purpose of ei- ther slaughtering it or selling it for slaughter by another, if poultry is obtained by such per- son in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and (11) The term ‘‘commerce’’ means commerce between any State, Territory, or possession, or the District of Columbia, and any place out- side thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. (12) SWINE CONTRACTOR.—The term ‘‘swine contractor’’ means any person engaged in the business of obtaining swine under a swine pro- duction contract for the purpose of slaugh- tering the swine or selling the swine for slaughter, if— (A) the swine is obtained by the person in commerce; or (B) the swine (including products from the swine) obtained by the person is sold or shipped in commerce. (13) SWINE PRODUCTION CONTRACT.—The term ‘‘swine production contract’’ means any growout contract or other arrangement under which a swine production contract grower raises and cares for the swine in accordance with the instructions of another person. 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-