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

Summary

When the Secretary holds a full hearing after an investigation under this law or one started by a petition from a stockyard owner, market agency, or dealer, and finds that a rate, charge, rule, or practice tied to livestock activities (like buying, selling, receiving, marketing, feeding, holding, shipping, or weighing) gives an unfair advantage or discrimination between intrastate and interstate or foreign commerce, that discrimination is illegal. The Secretary must set new rates, charges, rules, or practices to remove the unfair advantage. The affected stockyard owners, market agencies, or dealers must follow those changes while they are in effect, even if a State law or order says something different.

Title 7, §212

Agriculture — Source: USLM XML via OLRC

Whenever in any investigation under the provisions of this subchapter, or in any investigation instituted by petition of the stockyard owner, market agency, or dealer concerned, which petition is authorized to be filed, the Secretary after full hearing finds that any rate, charge, regulation, or practice of any stockyard owner, market agency, or dealer, for or in connection with the buying or selling on a commission 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 commerce in livestock on the other hand, or any undue, unjust, or unreasonable discrimination against interstate or foreign commerce in livestock, 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 judgment, will remove such advantage, preference, or discrimination. Such rates, charges, regulations, or practices shall be observed while in effect 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.

Notes & Related Subsidiaries

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”.

§212 Prescribing rates and practices to prevent discrimination between intrastate and interstate commerce

Summary

Title 7, §212

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata