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Title 7 — AgricultureRelease 119-73not60

§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 Apr 3, 2026|Official source

Summary

The Secretary must act if, after a full hearing (including a petition by a stockyard owner, market agency, or dealer), they find that a stockyard owner, market agency, or dealer uses rates, charges, rules, or practices for activities like buying and selling, receiving, marketing, holding, shipping, or weighing livestock that give an unfair advantage to trade inside one state or that unfairly hurt trade between states or with other countries. That kind of discrimination is illegal, and the Secretary must set new rates or rules to stop it. The people affected must follow those new rules even if a state law or state agency says something different.

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

Apr 3, 2026

Release point: 119-73not60