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

Summary

After a full hearing, if the Secretary finds that a stockyard owner or market agency is using rates, charges, rules, or practices that violate sections 205, 206, or 208, the Secretary can set what fees and rules must be used going forward. The Secretary can name maximums, minimums, or both, and decide what practices are fair and not discriminatory. When setting fees, the owner or agency must be allowed to pick a percentage or per‑head basis, or another basis unless the Secretary finds that basis breaks section 206. The Secretary can also order the owner or operator to stop the violation, to stop charging anything other than the set rates, and to follow the prescribed rules.

Title 7, §211

Agriculture — Source: USLM XML via OLRC

Whenever after full hearing upon a complaint made as provided in section 210 of this title, or after full hearing under an order for investigation and hearing made by the Secretary on his own initiative, either in extension of any pending complaint or without any complaint whatever, the Secretary is of the opinion that any rate, charge, regulation, or practice of a stockyard owner or market agency, for or in connection 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 nondiscriminatory 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 violative of section 206 of this title; and

(b)May make an order that such owner or operator (1) shall cease and desist from such violation 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.

Notes & Related Subsidiaries

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 discriminatory”. 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 minimum”, 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”.

§211 Order of Secretary as to Charges or Practices; Prescribing Rates and Practices Generally

Summary

Title 7, §211

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata