7 U.S.C. § 221 — Accounts and records of business; punish-

Page 347 TITLE 7—AGRICULTURE § 222 (A) in exchange for payment of new value; and (B) in good faith without notice that the transfer is a breach of trust. (2) Dishonored payment instrument Payment shall not be considered to have been made if a payment instrument given in exchange for the livestock is dishonored. (3) Transfer in satisfaction of antecedent debt A transfer of livestock subject to a dealer trust is not for value if the transfer is in satis- faction of an antecedent debt or to a secured party pursuant to a security agreement. (f) Enforcement Whenever the Secretary has reason to believe that a dealer subject to this section has failed to perform the duties required by this section or whenever the Secretary has reason to believe that it will be in the best interest of unpaid cash sellers, the Secretary shall do one or more of the following— (1) appoint an independent trustee to carry out the duties required by this section, pre- serve trust assets, and enforce the trust; (2) serve as independent trustee, preserve trust assets, and enforce the trust; or (3) file suit in the United States district court for the district in which the dealer re- sides to enjoin the dealer’s failure to perform the duties required by this section, preserve trust assets, and to enforce the trust. Attor- neys employed by the Secretary may, with the approval of the Attorney General, represent the Secretary in any such suit. Nothing herein shall preclude unpaid sellers from filing suit to preserve or enforce the trust. (Aug. 15, 1921, ch. 64, title III, § 318, as added Pub. L. 116–260, div. N, title VII, § 763, Dec. 27, 2020, 134 Stat. 2114.) SUBCHAPTER IV—LIVE POULTRY DEALERS AND HANDLERS §§ 218 to 218d. Repealed. Pub. L. 100–173, § 10, Nov. 23, 1987, 101 Stat. 922 Section 218, act Aug. 15, 1921, ch. 64, title V, § 501, as added Aug. 14, 1935, ch. 532, 49 Stat. 648, stated necessity to curb unfair, deceptive, and fraudulent practices re- lating to live poultry. Section 218a, act Aug. 15, 1921, ch. 64, title V, § 502, as added Aug. 14, 1935, ch. 532, 49 Stat. 648, authorized Sec- retary to designate cities and markets where unfair practices exist, to require licensing, and to prescribe information to be contained in application license, and authorized penalty for dealing without license. Section 218b, act Aug. 15, 1921, ch. 64, title V, § 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649, defined ‘‘live poultry dealer’’. Section 218c, act Aug. 15, 1921, ch. 64, title V, § 504, as added Aug. 14, 1935, ch. 532, 49 Stat. 649, related to appli- cation of other provisions of this chapter to this sub- chapter and posting of rates, charges, and rentals in li- censee’s place of business. Section 218d, act Aug. 15, 1921, ch. 64, title V, § 505, as added Aug. 14, 1935, ch. 532, 49 Stat. 649, related to sus- pension and revocation of licenses. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as an Effective Date of 1987 Amendment note under section 182 of this title. SUBCHAPTER V—GENERAL PROVISIONS § 221. Accounts and records of business; punish- ment for failure to keep Every packer, any swine contractor, and any live poultry dealer, stockyard owner, market agency, and dealer shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his busi- ness, including the true ownership of such busi- ness by stockholding or otherwise. Whenever the Secretary finds that the accounts, records, and memoranda of any such person do not fully and correctly disclose all transactions involved in his business, the Secretary may prescribe the manner and form in which such accounts, records, and memoranda shall be kept, and thereafter any such person who fails to keep such accounts, records, and memoranda in the manner and form prescribed or approved by the Secretary shall upon conviction be fined not more than $5,000, or imprisoned not more than three years, or both. (Aug. 15, 1921, ch. 64, title IV, § 401, 42 Stat. 168; Aug. 15, 1921, ch. 64, title V, § 503, as added Aug. 14, 1935, ch. 532, 49 Stat. 649; Pub. L. 100–173, § 6, Nov. 23, 1987, 101 Stat. 918; Pub. L. 107–171, title X, § 10502(b)(2)(C), May 13, 2002, 116 Stat. 510.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–171 inserted ‘‘any swine contractor, and’’ after ‘‘packer,’’. 1987—Pub. L. 100–173 substituted ‘‘, any live poultry dealer,’’ for ‘‘or any live poultry dealer or handler,’’. 1935—Act Aug. 15, 1921, title V, § 503, as added Aug. 14, 1935, inserted ‘‘or any live poultry dealer or handler’’ after ‘‘packer’’ wherever appearing. 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. LIENS OR SECURITY INTERESTS AGAINST LIVESTOCK; INTERAGENCY TASK FORCE TO RECOMMEND METHOD OF PROVIDING INFORMATION TO PURCHASERS; REPORT TO CONGRESS Pub. L. 95–409, § 2, Oct. 2, 1978, 92 Stat. 887, required the Secretary of Agriculture to appoint a task force to recommend methods of providing information to pur- chasers of livestock concerning the existence of a lien or security interest against livestock and to submit a report to Congress not later than Feb. 1, 1979. § 222. Federal Trade Commission powers adopted for enforcement of chapter For the efficient execution of the provisions of this chapter, and in order to provide informa- tion for the use of Congress, the provisions (in- cluding penalties) of sections 46 and 48 to 50 of title 15, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this chapter and to any person subject to the provisions of this chapter, wheth- er or not a corporation. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter in any part of the United States.