7 U.S.C. § 183 — When transaction deemed in commerce;

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-