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Title 7 — AgricultureRelease 119-73not60

§213 Prevention of Unfair, Discriminatory, or Deceptive Practices

Title 7 › Chapter 9— PACKERS AND STOCKYARDS › Subchapter III— STOCKYARDS AND STOCKYARD DEALERS › § 213

Last updated Apr 3, 2026|Official source

Summary

Makes it illegal for stockyard owners, market agencies, and dealers to use unfair, biased, or deceptive actions when deciding who can operate at a stockyard or when handling livestock. That covers things like receiving, marketing, buying or selling animals, and feeding, watering, holding, moving, weighing, or otherwise caring for them. If someone complains or the Secretary has reason to believe a violation happened, the Secretary can give notice, hold a full hearing, and order the person to stop. The Secretary can also fine up to $10,000 for each violation. The Secretary must consider how serious the offense is, the size of the business, and whether the fine will let the business keep operating. If the fine is not paid after the appeal time ends or after it is upheld, the Secretary can ask the Attorney General to collect it in federal court.

Full Legal Text

Title 7, §213

Agriculture — Source: USLM XML via OLRC

(a)It shall be unlawful for any stockyard owner, market agency, or dealer to engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in connection with determining whether persons should be authorized to operate at the stockyards, or with the receiving, marketing, buying, or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing, or handling of livestock.
(b)Whenever complaint is made to the Secretary by any person, or whenever the Secretary has reason to believe, that any stockyard owner, market agency, or dealer is violating the provisions of subsection (a), the Secretary after notice and full hearing may make an order that he shall cease and desist from continuing such violation to the extent that the Secretary finds that it does or will exist. The Secretary may also assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (a). Pub. L. 94–410, § 3(a), (c), struck out “in commerce” after “or handling” and substituted “livestock” for “live stock”. Subsec. (b). Pub. L. 94–410, § 3(b), inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty. 1968—Subsec. (a). Pub. L. 90–446 inserted “determining whether persons should be authorized to operate at stockyards, or with” after “in connection with”. 1958—Subsec. (a). Pub. L. 85–909 struck out “at a stockyard” after “in commerce”.

Reference

Citations & Metadata

Citation

7 U.S.C. § 213

Title 7 — Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60