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Title 7, AgricultureRelease 119-102

§212 Prescribing Rates and Practices to Prevent Discrimination Between Intrastate and Interstate Commerce

Title 7 › CHAPTER 9 — PACKERS AND STOCKYARDS › SUBCHAPTER III — STOCKYARDS AND STOCKYARD DEALERS › § 212

Last updated Aug 21, 2026|Official source

Summary

After a hearing or after a petition by a stockyard owner, market agency, or dealer, if the Secretary finds that a rate, charge, rule, or practice for intrastate livestock activities (like buying, selling, shipping, or weighing) gives an unfair advantage or discriminates against interstate or foreign commerce, the Secretary must set new rates or rules to stop it. The stockyard owners, market agencies, or dealers involved must follow those rates or rules while they are in effect, even if state law or a state order says otherwise.

Full Legal Text

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.

Legislative History

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”.

Reference

Citations & Metadata

Citation

7 U.S.C. § 212

Title 7, Agriculture

Last Updated

Aug 21, 2026

Release point: 119-102