Title 7, AgricultureRelease 119-110

§228b Prompt Payment for Purchase of Livestock

Title 7 › CHAPTER 9 — PACKERS AND STOCKYARDS › SUBCHAPTER V — GENERAL PROVISIONS › § 228b

Last updated Sep 22, 2026|Official source

Summary

Buyers of livestock must pay the seller the full purchase price by the close of the next business day after they buy the animals and take possession. For animals bought for slaughter, the buyer must give a check at the point of transfer or send the money by wire, electronic funds transfer, or another fast method the Secretary approves by the close of the next business day. For purchases on a carcass or “grade and yield” basis, payment by check at transfer or by fast transfer must occur no later than the close of the first business day after the price is determined. If the seller is not there, the buyer must wire the funds or mail a check within those time limits; that counts as timely payment. Buyers and sellers can agree in writing before a sale to different payment terms if the Secretary allows it. Any such written agreement must be kept in the seller’s and buyer’s records and shown on the buyer’s transaction papers. Any delay or attempt to delay payment to stretch out the normal payment time is an unfair practice and is prohibited.

Full Legal Text

Title 7, §228b

Agriculture, Source: USLM XML via OLRC

(a)Full amount of purchase price required; methods of payment
Each packer, market agency, or dealer purchasing livestock shall, before the close of the next business day following the purchase of livestock and transfer of possession thereof, deliver to the seller or his duly authorized representative the full amount of the purchase price: Provided, That each packer, market agency, or dealer purchasing livestock for slaughter shall, before the close of the next business day following purchase of livestock and transfer of possession thereof, actually deliver at the point of transfer of possession to the seller or his duly authorized representative a check or shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary for the full amount of the purchase price; or, in the case of a purchase on a carcass or “grade and yield” basis, the purchaser shall make payment by check at the point of transfer of possession or shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary for the full amount of the purchase price not later than the close of the first business day following determination of the purchase price: Provided further, That if the seller or his duly authorized representative is not present to receive payment at the point of transfer of possession, as herein provided, the packer, market agency or dealer shall transfer funds for the full amount of the purchase price by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary or place a check in the United States mail for the full amount of the purchase price, properly addressed to the seller, within the time limits specified in this subsection, such action being deemed compliance with the requirement for prompt payment.
(b)Waiver of prompt payment by written agreement; disclosure requirements
Notwithstanding the provisions of subsection (a) of this section and subject to such terms and conditions as the Secretary may prescribe, the parties to the purchase and sale of livestock may expressly agree in writing, before such purchase or sale, to effect payment in a manner other than that required in subsection (a). Any such agreement shall be disclosed in the records of any market agency or dealer selling the livestock, and in the purchaser’s records and on the accounts or other documents issued by the purchaser relating to the transaction.
(c)Delay in payment or attempt to delay deemed unfair practice
Any delay or attempt to delay by a market agency, dealer, or packer purchasing livestock, the collection of funds as herein provided, or otherwise for the purpose of or resulting in extending the normal period of payment for such livestock shall be considered an “unfair practice” in violation of this chapter. Nothing in this section shall be deemed to limit the meaning of the term “unfair practice” as used in this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (a). Pub. L. 114–237, § 3, substituted “shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary” for “shall wire transfer funds to the seller’s account” in two places in first proviso and “or dealer shall transfer funds for the full amount of the purchase price by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary” for “or dealer shall wire transfer funds” in second proviso.

Reference

Citations & Metadata

Citation

7 U.S.C. § 228b

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110