7 U.S.C. § 211 — Order of Secretary as to charges or prac-

Page 344 TITLE 7—AGRICULTURE § 211 less they accrue upon his appeal. If the peti- tioner finally prevails, he shall be allowed a rea- sonable attorney’s fee to be taxed and collected as a part of the costs of the suit. (Aug. 15, 1921, ch. 64, title III, § 309, 42 Stat. 165; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249.) Editorial Notes AMENDMENTS 1976—Subsec. (b). Pub. L. 94–410 substituted ‘‘live- stock’’ for ‘‘live-stock’’ after ‘‘request of the’’. § 211. Order of Secretary as to charges or prac- tices; prescribing rates and practices gen- erally Whenever after full hearing upon a complaint made as provided in section 210 of this title, or after full hearing under an order for investiga- tion and hearing made by the Secretary on his own initiative, either in extension of any pend- ing complaint or without any complaint what- ever, the Secretary is of the opinion that any rate, charge, regulation, or practice of a stock- yard owner or market agency, for or in connec- tion with the furnishing of stockyard services, is or will be violative of section 205, 206, or 208 of this title, the Secretary— (a) May in accordance with the standard set forth in section 206 of this title determine and prescribe what will be the rate or charge, or rates or charges, to be thereafter in such case observed as the maximum or minimum or both to be charged, and what regulation or practice is or will be just, reasonable, and nondiscrim- inatory to be thereafter followed: Provided, That the Secretary shall prescribe the rate or charge, or rates or charges, on a percentage or per head basis at the election of the stockyard owner or market agency, or on any other basis elected by the stockyard owner or market agency unless the Secretary finds such other basis to be viola- tive of section 206 of this title; and (b) May make an order that such owner or op- erator (1) shall cease and desist from such viola- tion to the extent to which the Secretary finds that it does or will exist; (2) shall not thereafter publish, demand, or collect any rate or charge for the furnishing of stockyard services other than the rate or charge or rates or charges so prescribed; and (3) shall conform to and observe the regulation or practice so prescribed. (Aug. 15, 1921, ch. 64, title III, § 310, 42 Stat. 166; Aug. 10, 1939, ch. 663, 53 Stat. 1351; Pub. L. 95–409, § 1(b), Oct. 2, 1978, 92 Stat. 886.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–409, § 1(b)(1), in provision preceding subsec. (a), substituted ‘‘violative of section 205, 206 or 208 of this title’’ for ‘‘unjust, unreasonable, or discrimi- natory’’. Subsec. (a). Pub. L. 95–409, § 1(b)(2), substituted ‘‘May in accordance with the standard set forth in section 206 of this title determine and prescribe what will be the rate’’ for ‘‘May determine and prescribe what will be the just and reasonable rate’’, and ‘‘as the maximum or minimum or both’’ for ‘‘as both the maximum and min- imum’’, and inserted proviso relating to prescription by the Secretary of rates or charges on a percentage or per head basis at the election of the owner or agency or any other basis unless violative of section 206 of this title. Subsec. (b). Pub. L. 95–409, § 1(b)(3), substituted ‘‘other than the rate or charge or rates or charges’’ for ‘‘more or less than the rate or charge’’. 1939—Subsec. (a). Act Aug. 10, 1939, substituted ‘‘as both’’ for ‘‘or the’’. Subsec. (b)(2). Act Aug. 10, 1939, substituted ‘‘more or less than the rate or charge so prescribed’’ for ‘‘other than the rate or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be’’. § 212. Prescribing rates and practices to prevent discrimination between intrastate and inter- state commerce Whenever in any investigation under the pro- visions of this subchapter, or in any investiga- tion instituted by petition of the stockyard owner, market agency, or dealer concerned, which petition is authorized to be filed, the Sec- retary after full hearing finds that any rate, charge, regulation, or practice of any stockyard owner, market agency, or dealer, for or in con- nection with the buying or selling on a commis- sion basis or otherwise, receiving, marketing, feeding, holding, delivery, shipment, weighing, or handling, not in commerce, of livestock, causes any undue or unreasonable advantage, prejudice, or preference as between persons or localities in intrastate commerce in livestock on the one hand and interstate or foreign com- merce in livestock on the other hand, or any undue, unjust, or unreasonable discrimination against interstate or foreign commerce in live- stock, which is hereby forbidden and declared to be unlawful, the Secretary shall prescribe the rate, charge, regulation, or practice thereafter to be observed, in such manner as, in his judg- ment, will remove such advantage, preference, or discrimination. Such rates, charges, regula- tions, or practices shall be observed while in ef- fect by the stockyard owners, market agencies, or dealers parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding. (Aug. 15, 1921, ch. 64, title III, § 311, 42 Stat. 167; Pub. L. 85–909, § 2(4), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–410 substituted ‘‘livestock’’ for ‘‘live stock’’ wherever appearing. 1958—Pub. L. 85–909 substituted ‘‘stockyard owner, market agency, or dealer’’ for ‘‘stockyard owner or market agency’’ wherever occurring, and ‘‘stockyard owners, market agencies, or dealers’’ for ‘‘stockyard owners or market agencies’’. § 213. Prevention of unfair, discriminatory, or de- ceptive practices (a) It shall be unlawful for any stockyard owner, market agency, or dealer to engage in or use any unfair, unjustly discriminatory, or de- ceptive practice or device in connection with de- termining whether persons should be authorized to operate at the stockyards, or with the receiv- ing, marketing, buying, or selling on a commis-