§192 — Title 7 Agriculture | U.S. Code

Summary

Makes it illegal for packers, swine contractors, and live poultry dealers who handle livestock, meat, or live poultry to use unfair, dishonest, or biased business practices. They cannot give improper advantages or disadvantages to particular people or places. They also cannot buy, sell, or trade with other similar businesses to split supplies, control prices, limit trade, or let one company dominate the market. They must not act to manipulate prices or create a monopoly. They also must not agree or work with others to divide territory, divide purchases or sales, control prices, or help others do any of those banned things.

Title 7, §192

Agriculture — Source: USLM XML via OLRC

It shall be unlawful for any packer or swine contractor with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, or for any live poultry dealer with respect to live poultry, to:

(a)Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device; or

(b)Make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect; or

(c)Sell or otherwise transfer to or for any other packer, swine contractor, or any live poultry 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 between any such persons, if such apportionment has the tendency or effect of restraining commerce 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 purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce; or

(e)Engage in any course of business or do any act for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce; or

(f)Conspire, combine, agree, or arrange with any other person (1) to apportion territory for carrying on business, or (2) to apportion purchases or sales of any article, or (3) to manipulate or control prices; or

(g)Conspire, combine, agree, or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by subdivisions (a), (b), (c), (d), or (e).

Notes & Related Subsidiaries

Amendment of SectionFor termination of amendment by section 942 of Pub. L. 106–78, see Termination Date of 1999 Amendment note below.

Editorial Notes

Amendments

2002—Pub. L. 107–171, § 10502(b)(1), substituted “packer or swine contractor” for “packer” in introductory provisions. Subsec. (c). Pub. L. 107–171, § 10502(b)(2)(A), inserted “, swine contractor,” after “other packer” in two places. 1999—Subsec. (b). Pub. L. 106–78, §§ 912, 942, temporarily struck out “whatsoever” after “locality in any respect” and after “disadvantage in any respect”. See Termination Date of 1999 Amendment note below. 1991—Subsec. (c). Pub. L. 102–237 substituted a comma for period after second reference to “dealer”. 1987—Pub. L. 100–173, § 3(1), substituted “for any packer with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, or for any live poultry dealer with respect to live poultry, to” for “with respect to livestock, meats, meat food products, livestock products in unmanufactured form, poultry, or poultry products for any packer or any live poultry dealer or handler to” in introductory provisions. Par. (c). Pub. L. 100–173, § 3(2), struck out reference to poultry handlers wherever appearing and substituted “such persons” for “such packers”. 1976—Pub. L. 94–410 struck out “in commerce” wherever appearing. 1958—Pub. L. 85–909 inserted “with respect to livestock, meats, meat food products, livestock products in unmanufactured form, poultry, or poultry products” after “unlawful”. 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

Termination Date of 1999 AmendmentAmendment by Pub. L. 106–78 to terminate Mar. 14, 2025, see section 942 of Pub. L. 106–78, set out in a Livestock Mandatory Reporting note under section 1635 of this title.

Effective Date

of 1987 AmendmentAmendment 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.

§192 Unlawful practices enumerated