cfr_sections
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142 rows where agency = "AMS" and title_number = 9 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 9:9:2.0.1.1.2.1.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | A | Subpart A—Definitions | § 201.1 Meaning of words. | AMS | [19 FR 4524, July 22, 1954] | Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. | ||||
| 9:9:2.0.1.1.2.1.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | A | Subpart A—Definitions | § 201.2 Terms defined. | AMS | [88 FR 83290, Nov. 28, 2023] | The definitions of terms contained in the Act shall apply to such terms when used in Administering the Packers and Stockyards Act, 9 CFR part 201; Rules of Practice Governing Proceedings Under the Packers and Stockyards Act, 9 CFR part 202; and Statements of General Policy Under the Packers and Stockyards Act, 9 CFR part 203. In addition, the following terms used in these parts shall be construed to mean: Act means the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq. ). Additional capital investment means a combined amount of $12,500 or more per structure paid by a poultry grower or swine production contract grower over the life of the poultry growing arrangement or swine production contract beyond the initial investment for facilities used to grow, raise, and care for poultry or swine. Such term includes the total cost of upgrades to the structure, upgrades of equipment located in and around each structure, and goods and professional services that are directly attributable to the additional capital investment. The term does not include costs of maintenance or repair. Administrator or agency head means the Administrator of the Agricultural Marketing Service or any person authorized to act for the Administrator. Agency means the Agricultural Marketing Service of the United States Department of Agriculture. Breeder facility identifier means the identification that a live poultry dealer permanently assigns to distinguish among breeder facilities supplying eggs for the poultry placed at the poultry grower's facility. Breeder flock age means the age in weeks of the egg-laying flock that is the source of poultry placed at the poultry grower's facility. Broiler means any chicken raised for meat production. Broiler grower means a poultry grower engaged in the production of broilers. Broiler growing arrangement means a poultry growing arrangement pertaining to the production of broilers. Commerce means commerce between any State, Territory, or possession, or the Di… | ||||
| 9:9:2.0.1.1.2.10.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | J | Subpart J—Trade Practices | § 201.53 Persons subject to the Act not to circulate misleading reports about market conditions or prices. | AMS | [73 FR 62440, Oct. 21, 2008] | No packer, swine contractor, live poultry dealer, stockyard owner, market agency, or dealer shall knowingly make, issue, or circulate any false or misleading reports, records, or representation concerning the market conditions or the prices or sale of any livestock, meat, or live poultry. | ||||
| 9:9:2.0.1.1.2.10.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | J | Subpart J—Trade Practices | § 201.55 Purchases, sales, acquisitions, payments and settlements to be made on actual weights. | AMS | [65 FR 17762, Apr. 5, 2000] | (a) Except as provided in paragraph (b) of this section, whenever livestock or live poultry is bought, sold, acquired, paid, or settled on a weight basis, or whenever the weight of feed is a factor in determining payment or settlement to a livestock grower or poultry grower by a stockyard owner, market agency, dealer, packer, or live poultry dealer when livestock or poultry is produced under a growing arrangement, payment or settlement shall be on the basis of the actual weight of the livestock, live poultry, and/or feed shown on the scale ticket. If the actual weight used is not obtained on the date and at the place of transfer of possession, this information shall be disclosed with the date and location of the weighing on the accountings, bills, or statements issued. Any adjustment to the actual weight shall be fully and accurately explained on the accountings, bills, or statements issued, and records shall be maintained to support such adjustment. (b) Whenever the weight of feed is a factor in determining payment or settlement to such livestock grower or poultry grower when the livestock or poultry is produced under a livestock or poultry growing arrangement, any feed that is picked up from or returned by a livestock grower or poultry grower must be weighed or its weight must be reasonably determined. When feed is picked up or returned and not weighed, the stockyard owner, market agency, dealer, packer, or live poultry dealer must document that the method used reasonably determines weight and is mutually acceptable to it and the livestock grower or poultry grower. The stockyard owner, market agency, dealer, packer, or live poultry dealer must document and account for the picked up or returned feed weight. | ||||
| 9:9:2.0.1.1.2.10.1.3 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | J | Subpart J—Trade Practices | § 201.56 Market agencies selling on commission; purchases from consignment. | AMS | [49 FR 6084, Feb. 17, 1984, as amended at 49 FR 13003, Apr. 2, 1984; 58 FR 52886, Oct. 13, 1993; 68 FR 75388, Dec. 31, 2003] | (a) Livestock to be sold openly at highest available bid. Every market agency engaged in the business of selling livestock on a commission or agency basis shall sell the livestock consigned to it openly, at the highest available bid, and in such a manner as to best promote the interest of each consignor. (b) Purchases from consignment. No market agency engaged in the business of selling livestock on a commission basis shall purchase livestock from consignments, and no such market agency shall permit its owners, officers, agents, employees or any firm in which such market agency or its owners, officers, agents, or employees have an ownership or financial interest to purchase livestock consigned to such market agency, without first offering the livestock for sale in an open and competitive manner to other available buyers, and then only at a price higher than the highest available bid on such livestock. (c) Key employees not to purchase livestock out of consignments. No market agency engaged in selling livestock on commission shall permit its auctioneers, weighmasters, or salesmen to purchase livestock out of consignment for any purpose for their own account, either directly or indirectly. (d) Purchase from consignments; disclosure required. When a market agency purchases consigned livestock or sells consigned livestock to any owner, officer, agent, employee, or any business in which such market agency, owner, officer, agent, or employee has an ownership or financial interest, the market agency shall disclose on the account of sale the name of the buyer and the nature of the relationship existing between the market agency and the buyer. | ||||
| 9:9:2.0.1.1.2.10.1.4 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | J | Subpart J—Trade Practices | § 201.61 Market agencies selling or purchasing livestock on commission; relationships with dealers. | AMS | [49 FR 6085, Feb. 17, 1984, as amended at 60 FR 42779, Aug. 17, 1995; 68 FR 75388, Dec. 31, 2003] | (a) Market agencies selling on commission. No market agency selling consigned livestock shall enter into any agreement, relationship or association with dealers or other buyers which has a tendency to lessen the loyalty of the market agency to its consignors or impair the quality of the market agency's selling services. No market agency selling livestock on commission shall provide clearing services for any independent dealer who purchases livestock from consignment to such market agency without disclosing, on the account of sale to the consignor, the name of the buyer and the nature of the financial relationship between the buyer and the market agency. (b) Market agencies buying on commission. No market agency purchasing livestock on commission shall enter into any agreement, relationship, or association with dealers or others which will impair the quality of the buying services furnished to its principals. No market agency purchasing livestock on commission shall, in filling orders, purchase livestock from a dealer whose operations it clears or finances without disclosing the relationship between the market agency and dealer to its principals on the accountings furnished to the principals. | ||||
| 9:9:2.0.1.1.2.10.1.5 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | J | Subpart J—Trade Practices | § 201.67 Packers not to own or finance selling agencies. | AMS | [49 FR 32844, Aug. 17, 1984] | No packer subject to the Act shall have an ownership interest in, finance, or participate in the management or operation of a market agency selling livestock on a commission basis, nor shall such a market agency permit a packer to have an ownership interest in, finance, or participate in the management or operation of such market agency. | ||||
| 9:9:2.0.1.1.2.10.1.6 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | J | Subpart J—Trade Practices | § 201.69 Furnishing information to competitor buyers. | AMS | [19 FR 4531, July 22, 1954, as amended at 24 FR 3183, Apr. 24, 1959] | No packer, dealer, or market agency, in connection with transactions subject to the provisions of the act, shall, in person, or through employed buyers, for the purpose of restricting or limiting competition, manipulating livestock prices, or controlling the movement of livestock, prior to, or during the conduct of, his buying operations: (a) Furnish competitor packers, dealers, market agencies, or their buyers or representatives, similarly engaged in buying livestock, with information concerning his proposed buying operations, such as the species, classes, volume of livestock to be purchased, or prices to be paid; or (b) furnish any other buying information to competitor buyers. | ||||
| 9:9:2.0.1.1.2.10.1.7 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | J | Subpart J—Trade Practices | § 201.70 Restriction or limitation of competition between packers and dealers prohibited. | AMS | [24 FR 3183, Apr. 24, 1959] | Each packer and dealer engaged in purchasing livestock, in person or through employed buyers, shall conduct his buying operations in competition with, and independently of, other packers and dealers similarly engaged. | ||||
| 9:9:2.0.1.1.2.11.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | K | Subpart K—Services | § 201.71 Scales and or Electronic Evaluation Devices or Systems; accurate weights and measures, repairs, adjustments or replacements after inspection. | AMS | [65 FR 17763, Apr. 5, 2000, as amended at 69 FR 18803, Apr. 9, 2004; 74 FR 53640, Oct. 20, 2009; 79 FR 23893, Apr. 29, 2014; 79 FR 32859, June 9, 2014; 84 FR 45647, Aug. 30, 2019] | (a) All scales used by stockyard owners, swine contractors, market agencies, dealers, packers, and live poultry dealers to weigh livestock, livestock carcasses, live poultry, or feed for the purposes of purchase, sale, acquisition, payment, or settlement shall be installed, maintained, and operated to ensure accurate weights. All electronic evaluation devices or systems for measuring the composition or quality constituents of live animals, livestock and poultry carcasses, and individual cuts of meat or a combination thereof for the purpose of determining value shall be installed, maintained, and operated to ensure accuracy. Such scales or electronic evaluation devices or systems shall meet applicable requirements contained in the General Code, Scales Code, Weights Code, and Electronic Livestock, Meat, and Poultry Evaluation Systems and/or Devices Code of the NIST Handbook 44. The 2013 edition of the National Institute of Standards and Technology (NIST) Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices” is hereby incorporated by reference and was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of approval and a notice of any change in these materials will be published in the Federal Register. All approved material is available for inspection at USDA, AMS, Packers and Stockyards Division, 1400 Independence Avenue SW, Washington, DC 20250, telephone 202-720-7051, and is for sale by the National Conference of Weights and Measures (NCWM), 1135 M Street, Suite 110, Lincoln, Nebraska, 68508. Information on this material may be obtained from NCWM by calling 402-434-4880, by emailing info@ncwm.net, or on the Internet at http://www.nist.gov/owm. It is also available for inspection at the National Archives and Records Administration (NARA). For more information on the availability of this material at NARA, call 202-741-6030 or go to http://www.ar… | ||||
| 9:9:2.0.1.1.2.11.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | K | Subpart K—Services | § 201.72 Scales; testing of. | AMS | [76 FR 3487, Jan. 20, 2011; 76 FR 50881, Aug. 17, 2011; 88 FR 62696, Sept. 13, 2023] | (a) As a stockyard owner, swine contractor, market agency, dealer, packer, or live poultry dealer who weighs livestock, live poultry, or feed for purposes of purchase, sale, acquisition, payment, or settlement of livestock or live poultry, or who weighs livestock carcasses for the purpose of purchase on a carcass weight basis, or who furnishes scales for such purposes, you must have your scales tested by competent persons at least twice during each calendar year. You must complete the first of the two scale tests between January 1 and June 30 of the calendar year. The remaining scale test must be completed between July 1 and December 31 of the calendar year. You must have a minimum period of 120 days between these two tests. More frequent testing will be required in cases where the scale does not maintain accuracy between tests. Except that if scales are used on a limited seasonal basis (during any continuous 8-month period) for purposes of purchase, sale, acquisition, payment or settlement, the stockyard owner, swine contractor, market agency, dealer, live poultry dealer, or packer using such scales may use the scales within a 8-month period following each test. (b) As a stockyard owner, swine contractor, market agency, dealer, packer, or live poultry dealer who weighs livestock, livestock carcasses, live poultry, or feed for purposes of purchase, sale, acquisition, payment, or settlement of livestock, livestock carcasses or live poultry, you must furnish reports of tests and inspections on forms approved by the Administrator. You must retain one copy of the test and inspection report for yourself, and file a second copy with the PSD regional office for the geographical region where the scale is located. (c) When scales used for weighing livestock, livestock carcasses, live poultry, or feed are tested and inspected by a State agency, municipality, or other governmental subdivision, the forms used by such agency for reporting such scale tests and inspections may be accepted in lieu of the forms approved for t… | ||||
| 9:9:2.0.1.1.2.11.1.3 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | K | Subpart K—Services | § 201.73 Scale operators to be qualified. | AMS | [65 FR 17763, Apr. 5, 2000] | Stockyard owners, market agencies, dealers, packers, and live poultry dealers shall employ qualified persons to operate scales for weighing livestock, livestock carcasses, live poultry, or feed for the purposes of purchase, sale, acquisition, payment, or settlement of livestock, livestock carcasses, or live poultry, and they shall require such employees to operate the scales in accordance with the regulations in this part. | ||||
| 9:9:2.0.1.1.2.11.1.4 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | K | Subpart K—Services | § 201.73-1 Instructions for weighing livestock. | AMS | [39 FR 40277, Nov. 15, 1974, as amended at 49 FR 39516, Oct. 9, 1984; 61 FR 36282, July 10, 1996; 68 FR 75388, Dec. 31, 2003; 88 FR 62696, Sept. 13, 2023] | Stockyard operators, market agencies, dealers, and packers who operate scales on which livestock is weighed in purchase or sales transactions are responsible for the accurate weighing of such livestock. They shall supply copies of the instructions in this section to all persons who perform weighing operations for them and direct such person to familiarize themselves with the instructions and to comply with them at all times. This section shall also apply to any additional weighers who are employed at any time. Weighers must acknowledge their receipt of these instructions and agree to comply with them, by signing in duplicate, Form PSD 4000 provided by the Packers and Stockyards Division. One copy of the form is to be filed with a regional office of the Packers and Stockyards Division and the other retained by the agency employing the weighers. (a) Balancing the empty scale. (1) The empty scale shall be balanced each day before weighing begins, and maintained in correct balance which weighing operations continue. The zero balance shall be verified at intervals of not more than 15 drafts or 15 minutes, whichever is completed first. In addition, the zero balance of the scale shall be verified whenever a weigher resumes weighing duties after an absence from the scale and also whenever a load exceeding half the scale capacity or 10,000 pounds (whichever is less) has been weighed and is followed by a load of less than 1,000 pounds, verification to occur before the weighing of the load of less than 1,000 pounds. (2) The time at which the empty scale is balanced or its zero balance verified shall be recorded on scale tickets or other permanent records. Balance tickets must be filed with other scale tickets issued on that date. (3) Before balancing the empty scale, the weigher shall assure himself that the scale gates are closed and that no persons or animals are on the scale platform or in contact with the stock rack, gates, or platform. If the scale is balanced with persons on the scale platform, the zero balance s… | ||||
| 9:9:2.0.1.1.2.11.1.5 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | K | Subpart K—Services | § 201.76 Reweighing. | AMS | [78 FR 51664, Aug. 21, 2013] | Stockyard owners, market agencies, dealers, packers, swine contractors and live poultry dealers must reweigh livestock, livestock carcasses, and live poultry or feed on request of any authorized representative of the Secretary. | ||||
| 9:9:2.0.1.1.2.11.1.6 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | K | Subpart K—Services | § 201.81 Suspended registrants. | AMS | [49 FR 37374, Sept. 24, 1984] | No stockyard owner, packer, market agency, or dealer shall employ any person who has been suspended as a registrant to perform activities in connection with livestock transactions subject to the jurisdiction of the Secretary under the Act during the period of such suspension: Provided, That the provisions of this section shall not be construed to prohibit the employment of any person who has been suspended as a registrant until such time as the person demonstrates solvency or obtains the bond required under the Act and regulations. No such person shall be employed, however, until after the expiration of any specified period of suspension contained in the order of suspension. | ||||
| 9:9:2.0.1.1.2.11.1.7 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | K | Subpart K—Services | § 201.82 Care and promptness in weighing and handling livestock and live poultry. | AMS | [78 FR 51664, Aug. 21, 2013] | (a) Each stockyard owner, market agency, dealer, packer, swine contractor and live poultry dealer must exercise reasonable care and promptness with respect to loading, transporting, holding, yarding, feeding, watering, weighing, or otherwise handling livestock, or live poultry to prevent waste of feed, shrinkage, injury, death or other avoidable loss. (b) Whenever live poultry is obtained under a poultry growing arrangement and the weight of the live poultry is a factor in calculating payment to the grower, the poultry must be transported promptly after loading. The process of obtaining the gross weight must commence immediately upon arrival at the processing plant, holding yard, or other scale normally used for such purpose. The process of obtaining the gross weight which may include, but is not limited to, fueling, uncoupling the trailer, changing the road tractor to a yard tractor or weighing the trailer only, must be conducted without delay; specifically, the time period between arrival and completion of the process of obtaining the gross weight must not exceed thirty (30) minutes. (c) Live poultry dealers must not place poultry from multiple growers on a single live poultry transport trailer or other live poultry transport equipment, creating what is commonly referred to as a “split load.” | ||||
| 9:9:2.0.1.1.2.12.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | L | Subpart L—Inspection of Brands | § 201.86 Brand inspection: Application for authorization, registration and filing of schedules, reciprocal arrangements, and maintenance of identity of consignments. | AMS | [49 FR 33005, Aug. 20, 1984, as amended at 68 FR 75388, Dec. 31, 2003] | (a) Application for authorization. Any department or agency or duly-organized livestock association of any State in which branding or marking of livestock as a means of establishing ownership prevails by custom or statute, which desires to obtain an authorization to charge and collect a fee for the inspection of brands, marks, and other identifying characteristics of livestock, as provided in section 317 of the Act, shall file with the Administrator an application in writing for such authorization. In case two or more applications for authorization to collect a fee for the inspection of brands, marks, and other identifying characteristics of livestock are received from the same State, a hearing will be held to determine which applicant is best qualified. (b) Registration and filing of schedules. Upon the issuance of an authorization to an agency or an association, said agency or association shall register as a market agency in accordance with the provisions of § 201.10, except that no bond need be filed or maintained, and shall file a schedule of its rates and charges for performing the service in the manner and form prescribed by § 201.17. (c) Reciprocal arrangements. Any authorized agency or association may make arrangements with an association or associations in the same or in another State, where branding or marking livestock prevails by custom or statute, to perform inspection service at stockyards on such terms and conditions as may be approved by the Administrator: Provided, That such arrangements will tend to further the purpose of the Act and will not result in duplication of charges or services. (d) Maintenance of identity of consignments. All persons having custody at the stockyard of livestock subject to inspection shall preserve the identity of the consignment until inspection has been completed by the authorized inspection agency. Agencies authorized to conduct such inspection shall perform the work as soon after receipt of the livestock as practicable and as rapidly as is reasonably po… | ||||
| 9:9:2.0.1.1.2.13.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | M | Subpart M—General | § 201.94 Information as to business; furnishing of by packers, swine contractors, live poultry dealers, stockyard owners, market agencies, and dealers. | AMS | [73 FR 62440, Oct. 21, 2008] | Each packer, swine contractor, live poultry dealer, stockyard owner, market agency, and dealer, upon proper request, shall give to the Secretary or his duly authorized representatives in writing or otherwise, and under oath or affirmation if requested by such representatives, any information concerning the business of the packer, swine contractor, live poultry dealer, stockyard owner, market agency, or dealer which may be required in order to carry out the provisions of the Act and regulations in this part within such reasonable time as may be specified in the request for such information. | ||||
| 9:9:2.0.1.1.2.13.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | M | Subpart M—General | § 201.95 Inspection of business records and facilities. | AMS | [73 FR 62440, Oct. 21, 2008] | Each stockyard owner, market agency, dealer, packer, swine contractor, and live poultry dealer, upon proper request, shall permit authorized representatives of the Secretary to enter its place of business during normal business hours and to examine records pertaining to its business subject to the Act, to make copies thereof and to inspect the facilities of such persons subject to the Act. Reasonable accommodations shall be made available to authorized representatives of the Secretary by the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer for such examination of records and inspection of facilities. | ||||
| 9:9:2.0.1.1.2.13.1.3 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | M | Subpart M—General | § 201.96 Unauthorized disclosure of business information prohibited. | AMS | [73 FR 62440, Oct. 21, 2008] | No agent or employee of the United States shall, without the consent of the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer concerned, divulge or make known in any manner, any facts or information regarding the business of such person acquired through any examination or inspection of the business or records of the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer, or through any information given by the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer pursuant to the Act and regulations, except to such other agents or employees of the United States as may be required to have such knowledge in the regular course of their official duties or except insofar as they may be directed by the Administrator or by a court of competent jurisdiction, or except as they may be otherwise required by law. | ||||
| 9:9:2.0.1.1.2.13.1.4 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | M | Subpart M—General | § 201.97 Annual reports. | AMS | [54 FR 16356, Apr. 24, 1989, as amended at 68 FR 75388, Dec. 31, 2003] | Every packer, live poultry dealer, stockyard owner, market agency, and dealer (except a packer buyer registered to purchase livestock for slaughter only) shall file annually with the Administration a report on prescribed forms not later than April 15 following the calendar year end or, if the records are kept on a fiscal year basis, not later than 90 days after the close of his fiscal year. The Administrator on good cause shown, or on his own motion, may grant a reasonable extension of the filing date or may waive the filing of such reports in particular cases. | ||||
| 9:9:2.0.1.1.2.13.1.5 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | M | Subpart M—General | § 201.98 Packers and dealers not to charge, demand, or collect commission, yardage, or other service charges. | AMS | [61 FR 36282, July 10, 1996] | No packer or dealer shall, in connection with the purchase of livestock in commerce, charge, demand, or collect from the seller of the livestock any compensation in the form of commission, yardage, or other service charge unless the charge is for services mandated by law or statute and is not inconsistent with the provisions of the Act. | ||||
| 9:9:2.0.1.1.2.13.1.6 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | M | Subpart M—General | § 201.99 Purchase of livestock by packers on a carcass grade, carcass weight, or carcass grade and weight basis. | AMS | [33 FR 2762, Feb. 9, 1968, as amended at 33 FR 5401, Apr. 5, 1968; 49 FR 37375, Sept. 24, 1984; 54 FR 37094, Sept. 7, 1989; 68 FR 75388, Dec. 31, 2003] | (a) Each packer purchasing livestock on a carcass grade, carcass weight, or carcass grade and weight basis shall, prior to such purchase, make known to the seller, or to his duly authorized agent, the details of the purchase contract. Such details shall include, when applicable, expected date and place of slaughter, carcass price, condemnation terms, description of the carcass trim, grading to be used, accounting, and any special conditions. (b) Each packer purchasing livestock on a carcass grade, carcass weight, or carcass grade and weight basis, shall maintain the identity of each seller's livestock and the carcasses therefrom and shall, after determination of the amount of the purchase price, transmit or deliver to the seller, or his duly authorized agent, a true written account of such purchase showing the number, weight, and price of the carcasses of each grade (identifying the grade) and of the ungraded carcasses, an explanation of any condemnations, and any other information affecting final accounting. Packers purchasing livestock on such a basis shall maintain sufficient records to substantiate the settlement of each transaction. (c) When livestock are purchased by a packer on a carcass weight or carcass grade and weight basis, purchase and settlement therefor shall be on the basis of carcass price. This paragraph does not apply to purchases of livestock by a packer on a guaranteed yield basis. (d) Settlement and final payment for livestock purchased by a packer on a carcass weight or carcass grade and weight basis shall be on actual hot weights. The hooks, rollers, gambrels or other similar equipment used at a packing establishment in connection with the weighing of carcasses of the same species of livestock shall be uniform in weight. The tare shall include only the weight of such equipment. (e) Settlement and final payment for livestock purchased by a packer on a USDA carcass grade shall be on an official (final—not preliminary) grade. If settlement and final payment are based upon any grades other… | ||||
| 9:9:2.0.1.1.2.14.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.100 Records to be furnished poultry growers and sellers. | AMS | [54 FR 16356, Apr. 24, 1989; 54 FR 18713, May 2, 1989, as amended at 68 FR 75388, Dec. 31, 2003; 74 FR 63277, Dec. 3, 2009; 88 FR 83291, Nov. 28, 2023] | (a) Poultry growing arrangement; timing of disclosure. A live poultry dealer who offers a poultry growing arrangement to a poultry grower must provide the poultry grower with a true written copy of the offered poultry growing arrangement on the date the dealer provides the poultry grower with poultry housing specifications. (b) Right to discuss the terms of poultry growing arrangement offer. A live poultry dealer, notwithstanding any confidentiality provision in the poultry growing arrangement, may not prohibit a poultry grower or prospective poultry grower from discussing the terms of a poultry growing arrangement offer or, if applicable, the accompanying Live Poultry Dealer Disclosure Document described in § 201.102 (b) through (d) of this part with any of the following: (1) A Federal or State agency. (2) The grower's financial advisor or lender. (3) The grower's legal advisor. (4) An accounting services representative hired by the grower. (5) Other growers for the same live poultry dealer. (6) A member of the grower's immediate family or a business associate. A business associate is a person not employed by the grower, but with whom the grower has a valid business reason for consulting with when entering into or operating under a poultry growing arrangement. (c) Contracts; contents. Each live poultry dealer that enters into a poultry growing arrangement with a poultry grower shall furnish the grower with a true written copy of the poultry growing arrangement, which shall clearly specify: (1) The duration of the contract and conditions for the termination of the contract by each of the parties; (2) All terms relating to the payment to be made to the poultry grower, including among others, where applicable, the following: (i) The party liable for condemnations, including those resulting from plant errors; (ii) The method for figuring feed conversion ratios; (iii) The formula or method used to convert condemnations to live weight; (iv) The per unit charges for feed and other inputs furnished b… | ||||
| 9:9:2.0.1.1.2.14.1.10 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | §§ 201.213-201.214 [Reserved] | AMS | ||||||
| 9:9:2.0.1.1.2.14.1.11 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.215 Suspension of delivery of birds. | AMS | [76 FR 76889, Dec. 9, 2011, as amended at 80 FR 6430, Feb. 5, 2015] | The Secretary may consider various criteria when determining whether or not reasonable notice has been given by a live poultry dealer to a poultry grower for suspension of delivery of birds. These criteria include, but are not limited to: (a) Whether the written notice adequately states the reason for the suspension of delivery, the length of the suspension of delivery, and the anticipated date the delivery of birds will resume; and (b) Whether a catastrophic or natural disaster, or other emergency, such as an unforeseen bankruptcy, has occurred that has prevented a live poultry dealer from providing reasonable notice. | ||||
| 9:9:2.0.1.1.2.14.1.12 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.216 Additional capital investments criteria. | AMS | [76 FR 76889, Dec. 9, 2011] | The Secretary may consider various criteria in determining whether a requirement that a poultry grower or swine production contract grower make additional capital investments over the life of a production contract or growing arrangement constitutes a violation of the Act. These criteria include, but are not limited to: (a) Whether a packer, swine contractor or live poultry dealer failed to give a poultry grower or swine production contract grower discretion to decide against the additional capital investment requirement; (b) Whether the additional capital investment is the result of coercion, retaliation or threats of coercion or retaliation by the packer, swine contractor or live poultry dealer; (c) Whether the packer, swine contractor or live poultry dealer intends or does substantially reduce or end operations at the slaughter plant or processing facility or intends or does substantially reduce or end production operations within 12 months of requiring the additional capital investment, absent the occurrence of a catastrophic or natural disaster, or other emergency, such as unforeseen bankruptcy; (d) Whether the packer, swine contractor, or live poultry dealer required some poultry growers or swine production contract growers to make additional capital investments, but did not require other similarly situated poultry growers or swine production contract growers to make the same additional capital investments; (e) The age and number of recent upgrades to, or capital investments in, the poultry grower's or swine production contract grower's operations; (f) Whether the cost of the required additional capital investments can reasonably be expected to be recouped by the poultry grower or swine production contract grower; (g) Whether a reasonable time period to implement the required additional capital investments is provided to the poultry grower or swine production contract grower; and (h) Whether equipment changes are required with respect to equipment previously approved and accepted by the packer, swine… | ||||
| 9:9:2.0.1.1.2.14.1.13 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.217 Reasonable period of time to remedy a breach of contract. | AMS | [76 FR 76889, Dec. 9, 2011] | The Secretary may consider various criteria when determining whether a packer, swine contractor or live poultry dealer has provided a poultry grower or swine production contract grower a reasonable period of time to remedy a breach of contract that could lead to contract termination. These criteria do not limit a packer, swine contractor or live poultry dealer's rights under a contract or agreement where food safety or animal welfare is concerned. These criteria, include, but are not limited to: (a) Whether the packer, swine contractor or live poultry dealer provided written notice of the breach of contract to the poultry grower or swine production contract grower upon initial discovery of that breach of contract if the packer, swine contractor or live poultry dealer intends to take an adverse action, including termination of a contract, against the poultry grower or swine production contract grower based on that breach of contract by the poultry grower or swine production contract grower; (b) Whether the notice in paragraph (a) of this section includes the following: (1) A description of the act or omission believed to constitute a breach of contract, including identification of the section of the contract believed to have been breached; (2) The date of the breach; (3) The means by which the poultry grower or swine production contract grower can satisfactorily remedy the breach, if possible, based on the nature of the breach; and (4) A date that provides a reasonable time, based on the nature of the breach, by which the breach must be remedied. (c) Whether the packer, swine contractor or live poultry dealer took into account the poultry grower's or swine production contract grower's ongoing responsibilities related to the raising and handling of the poultry or swine under their care when establishing the date by which a breach should be remedied; and (d) Whether the poultry grower or swine production contract grower was afforded adequate time from the date of the notice of the alleged breach to rebut the… | ||||
| 9:9:2.0.1.1.2.14.1.14 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.218 Arbitration. | AMS | [76 FR 76889, Dec. 9, 2011] | (a) In any livestock or poultry production contract that requires the use of arbitration the following language must appear on the signature page of the contract in bold conspicuous print: “Right to Decline Arbitration. A poultry grower, livestock producer or swine production contract grower has the right to decline to be bound by the arbitration provisions set forth in this agreement. A poultry grower, livestock producer or swine production contract grower shall indicate whether or not it desires to be bound by the arbitration provisions by signing one of the following statements; failure to choose an option will be treated as if the poultry grower, livestock producer or swine production contract grower declined to be bound by the arbitration provisions set forth in this Agreement: I decline to be bound by the arbitration provisions set forth in this Agreement __________________________ I accept the arbitration provisions as set forth in this Agreement________________________” I decline to be bound by the arbitration provisions set forth in this Agreement __________________________ I accept the arbitration provisions as set forth in this Agreement________________________” (b) The Secretary may consider various criteria when determining whether the arbitration process provided in a production contract provides a meaningful opportunity for the poultry grower, livestock producer, or swine production contract grower to participate fully in the arbitration process. These criteria include, but are not limited to: (1) Whether the contract discloses sufficient information in bold, conspicuous print describing all the costs of arbitration to be paid by the poultry grower, swine production contract grower, or livestock producer, and the arbitration process and any limitations on legal rights and remedies in such a manner as to allow the poultry grower, livestock producer or swine contract production grower to make an informed decision on whether to elect arbitration for dispute resolution; (2) Whether provision… | ||||
| 9:9:2.0.1.1.2.14.1.15 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.290 xxx | AMS | ||||||
| 9:9:2.0.1.1.2.14.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.102 Disclosures for broiler production. | AMS | [88 FR 83292, Nov. 28, 2023] | (a) Obligation to furnish information and documents. In addition to the requirements of § 201.100 of this part, a live poultry dealer engaged in the production of broilers must provide the documents described in this section to the prospective or current broiler grower. (1) Except as provided in paragraph (e) of this section, when a live poultry dealer seeks to renew, revise, or replace an existing broiler growing arrangement, or to establish a new broiler growing arrangement that does not contemplate modifications to the existing housing specifications, the live poultry dealer must provide the following documents at least 14 calendar days before the live poultry dealer executes the broiler growing arrangement (provided that the grower may waive up to 7 calendar days of that time period): (i) A true, written copy of the renewed, revised, replacement, or new broiler growing arrangement. (ii) The Live Poultry Dealer Disclosure Document, as described in paragraphs (b), (c), and (d) of this section. (2) When a live poultry dealer seeks to enter a broiler growing arrangement with a broiler grower or prospective broiler grower that will require an original capital investment, the live poultry dealer must provide the following to the broiler grower or prospective broiler grower simultaneously with the housing specifications: (i) A copy of the broiler growing arrangement that is affiliated with the current housing specifications. (ii) The Live Poultry Dealer Disclosure Document, as described in paragraphs (b), (c), and (d) of this section. (iii) A letter of intent that can be relied upon to obtain financing for the original capital investment. (3) When a live poultry dealer seeks to offer or impose modifications to existing housing specifications that could reasonably require a broiler grower or prospective broiler grower to make an additional capital investment, the live poultry dealer must provide the following to the broiler grower or prospective broiler grower simultaneously with the modified housing specif… | ||||
| 9:9:2.0.1.1.2.14.1.3 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.104 Disclosures for broiler grower ranking system payments. | AMS | [88 FR 83294, Nov. 28, 2023] | (a) Poultry grower ranking system records. If a live poultry dealer engaged in the production of broilers uses a poultry grower ranking system to calculate broiler grower payments, the live poultry dealer must produce records in accordance with paragraphs (b) and (c) of this section. The live poultry dealer must maintain these records for 5 years. (b) Placement Disclosure. Within 24 hours of flock delivery to a broiler grower's facility, the live poultry dealer must provide all the following information to the broiler grower regarding the placement: (1) The stocking density of the placement. (2) Names and all ratios of breeds of the poultry delivered. (3) If the live poultry dealer has determined the sex of the birds, all ratios of male and female poultry delivered. (4) The breeder facility identifier. (5) The breeder flock age. (6) Information regarding any known health impairments of the breeder flock or of the poultry delivered. (7) Adjustments, if any, that the live poultry dealer may make to the calculation of the grower's pay based on the inputs in paragraphs (b)(1) through (b)(6) of this section. (c) Poultry grower ranking system settlement documents. In addition to the requirements of § 201.100 of this part, a live poultry dealer must provide disclosures to all broiler growers on the grouping or ranking sheets as described in paragraphs (c)(1) and (c)(2) of this section. The disclosures need not show the names of other growers. (1) Live poultry dealers must disclose the housing specification for each broiler grower grouped or ranked during the specified period. (2) Live poultry dealers must disclose all the following information to each broiler grower participant ranked under a poultry grower ranking system: (i) The stocking density for each placement in the ranking. (ii) The names and all ratios of breeds of the poultry for each placement in the ranking. (iii) If the live poultry dealer has determined the sex of the birds, all ratios of male and female poultry for each placement in th… | ||||
| 9:9:2.0.1.1.2.14.1.4 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.106 xxx | AMS | ||||||
| 9:9:2.0.1.1.2.14.1.5 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.108-1 Instructions for weighing live poultry or feed. | AMS | [37 FR 4955, Mar. 8, 1972, as amended at 61 FR 36282, July 10, 1996; 68 FR 75388, Dec. 31, 2003; 78 FR 51664, Aug. 21, 2013; 84 FR 45647, Aug. 30, 2019; 84 FR 56678, Oct. 23, 2019; 88 FR 62696, Sept. 13, 2023] | Live poultry dealers who operate scales on which live poultry or feed is weighed for purposes of purchase, sale, acquisition, or settlement are responsible for the accurate weighing of such poultry or feed. They shall supply copies of the instructions in this section to all persons who perform weighing operations for them and direct such persons to familiarize themselves with the instructions and to comply with them at all times. This section shall also apply to any additional weighers who are employed at any time. Weighers must acknowledge their receipt of these instructions and agree to comply with them by signing in duplicate, a form provided by the Packers and Stockyards Division, Agricultural Marketing Service. One copy of this form is to be filed with a regional office of the Packers and Stockyards Division, Agricultural Marketing Service and the other copy retained by the Agency employing the weighers. The following instructions shall be applicable to the weighing of live poultry on all scales, except that paragraph (c)(1) of this section is only applicable to the weighing of live poultry on vehicle scales. (a) Balancing the empty scale. (1) The scale must be maintained in zero balance at all times. The empty scale must be balanced each day before weighing begins and thereafter the scale must be balanced; and the zero balance, the time and date the empty scale was balanced must be mechanically printed on the scale ticket or other basic transaction record before any poultry or feed is weighed. In addition, the zero balance of the scale must be verified whenever a weigher resumes weighing duties after an absence from the scale. (2) Before balancing the empty scale, the weigher shall notify parties outside the scale house of his/her intention and shall be assured that no persons or vehicles are in contact with the platform. When the empty scale is balanced and ready for weighing, the weigher shall so indicate by appropriate signal. (3) Weighbeam scales shall be balanced by first seating each poise secure… | ||||
| 9:9:2.0.1.1.2.14.1.6 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.110 xxx | AMS | ||||||
| 9:9:2.0.1.1.2.14.1.7 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.112 xxx | AMS | ||||||
| 9:9:2.0.1.1.2.14.1.8 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.200 Sale of livestock on credit. | AMS | [42 FR 49929, Sept. 8, 1977, as amended at 49 FR 39516, Oct. 9, 1984; 54 FR 37094, Sept. 7, 1989; 68 FR 75388, Dec. 31, 2003; 88 FR 41022, June 23, 2023] | (a) No packer whose average annual purchases of livestock exceed $500,000 shall purchase livestock on credit, and no dealer or market agency acting as an agent for such a packer shall purchase livestock on credit, unless: (1) Before purchasing such livestock the packer obtains from the seller a written acknowledgment as follows: On this date I am entering into a written agreement for the sale of livestock on credit to ________________, a packer, and I understand that in doing so I will have no rights under the trust provisions of section 206 of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 196, Pub. L. 94-410), with respect to any such credit sale. The written agreement for such selling on credit Covers a single sale. Provides that it will remain in effect until (date). Provides that it will remain in effect until canceled in writing by either party. (Omit the provisions not applicable.) Date Signature On this date I am entering into a written agreement for the sale of livestock on credit to ________________, a packer, and I understand that in doing so I will have no rights under the trust provisions of section 206 of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 196, Pub. L. 94-410), with respect to any such credit sale. The written agreement for such selling on credit Covers a single sale. Provides that it will remain in effect until (date). Provides that it will remain in effect until canceled in writing by either party. (Omit the provisions not applicable.) (2) Such packer retains such acknowledgment, together with all other documents, if any, setting forth the terms of such credit sales on which the purchaser and seller have agreed, and such dealer or market agency retains a copy thereof, in his records for such time as is required by any law, or by written notice served on such person by the Administrator, but not less than two calendar years from the date of expiration of the written agreement referred to in such acknowledgment; and (3) Such seller rec… | ||||
| 9:9:2.0.1.1.2.14.1.9 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | N | Subpart N—Packers and Live Poultry Dealers | § 201.211 Undue or unreasonable preferences or advantages. | AMS | [85 FR 79802, Dec. 11, 2020] | The Secretary will consider the following criteria, and may consider additional criteria, when determining whether a packer, swine contractor, or live poultry dealer has made or given any undue or unreasonable preference or advantage to any particular person or locality in any respect in violation of section 202(b) of the Act. The criteria include whether the preference or advantage under consideration: (a) Cannot be justified on the basis of a cost savings related to dealing with different producers, sellers, or growers; (b) Cannot be justified on the basis of meeting a competitor's prices; (c) Cannot be justified on the basis of meeting other terms offered by a competitor; and (d) Cannot be justified as a reasonable business decision. | ||||
| 9:9:2.0.1.1.2.15.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | §§ 201.300-201.301 [Reserved] | AMS | ||||||
| 9:9:2.0.1.1.2.15.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | § 201.302 Definitions. | AMS | For purposes of this subpart, the following definitions apply: Covered producer means a livestock producer as defined in this section or a swine production contract grower or poultry grower as defined in section 2(a) of the Act (7 U.S.C. 182(8), (14)). Livestock producer means any person, except an employee of the livestock owner, engaged in the raising of and caring for livestock. Regulated entity means a swine contractor or live poultry dealer as defined in section 2(a) of the Act (7 U.S.C. 182(8)) or a packer as defined in section 201 of the Act (7 U.S.C. 191). | |||||
| 9:9:2.0.1.1.2.15.1.3 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | § 201.303 [Reserved] | AMS | ||||||
| 9:9:2.0.1.1.2.15.1.4 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | § 201.304 Undue prejudices or disadvantages and unjust discriminatory practices. | AMS | (a) Prohibited bases. (1) Except as provided in paragraph (a)(3) of this section, a regulated entity may not prejudice, disadvantage, inhibit market access, or otherwise take an adverse action against a covered producer with respect to livestock, meats, meat food products, livestock products in unmanufactured form, or live poultry based upon the following characteristics: (i) On the basis of the covered producer's race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, marital status, or age. (ii) On the basis of the covered producer's status as a cooperative. (2) Actions that prejudice, disadvantage, inhibit market access, or are otherwise adverse under paragraph (a)(1) of this section are as follows: (i) Offering contract terms that are less favorable than those generally or ordinarily offered to similarly situated covered producers. (ii) Refusing to deal with a covered producer on terms generally or ordinarily offered to similarly situated covered producers. (iii) Performing under or enforcing a contract differently than with similarly situated covered producers. (iv) Requiring a contract modification or renewal on terms less favorable than similarly situated covered producers. (v) Terminating or not renewing a contract. (vi) Any other action that a reasonable covered producer would find materially adverse. (3) The following actions by a regulated entity do not prejudice, disadvantage, inhibit market access, or constitute adverse action under paragraph (a)(1) of this section: (i) Fulfilling a religious commitment relating to livestock, meats, meat food products, livestock products in unmanufactured form, or live poultry. (ii) A Federally recognized Tribe, including its wholly or majority-owned entities, corporations, or Tribal organizations, performing its Tribal governmental functions. (b) Retaliation prohibited. (1) A regulated entity may not retaliate or otherwise take an adverse action against a covered producer based upon the covered pro… | |||||
| 9:9:2.0.1.1.2.15.1.5 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | § 201.305 [Reserved] | AMS | ||||||
| 9:9:2.0.1.1.2.15.1.6 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | § 201.306 Deceptive practices. | AMS | (a) Prohibited practices. A regulated entity may not engage in the deceptive practices in paragraphs (b) through (e) of this section with respect to livestock, meats, meat food products, livestock products in unmanufactured form, or live poultry. (b) Contract formation. A regulated entity may not make or modify a contract with a covered producer by employing a false or misleading statement, or omission of material information necessary to make a statement not false or misleading. (c) Contract performance. A regulated entity may not perform under or enforce a contract with a covered producer by employing a false or misleading statement, or omission of material information necessary to make a statement not false or misleading. (d) Contract termination. A regulated entity may not terminate a contract with a covered producer by employing a false or misleading statement, or omission of material information necessary to make a statement not false or misleading. (e) Contract refusal. A regulated entity may not provide false or misleading information to a covered producer or association of covered producers concerning a refusal to contract. | |||||
| 9:9:2.0.1.1.2.15.1.7 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | §§ 201.307-201.308 [Reserved] | AMS | ||||||
| 9:9:2.0.1.1.2.15.1.8 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | § 201.389 [Reserved] | AMS | ||||||
| 9:9:2.0.1.1.2.15.1.9 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | O | Subpart O—Competition and Market Integrity | § 201.390 Severability. | AMS | If any provision of this subpart, or any component of any provision, is declared invalid or the applicability thereof to any person or circumstances is held invalid, it is the Agricultural Marketing Service's intention that the validity of the remainder of this subpart or the applicability thereof to other persons or circumstances shall not be affected thereby with the remaining provision, or component of any provision, to continue in effect. | |||||
| 9:9:2.0.1.1.2.2.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | B | Subpart B—Administration | § 201.3 Applicability of regulations in this part. | AMS | [76 FR 76889, Dec. 9, 2011, as amended at 80 FR 6430, Feb. 5, 2015] | The regulations in this part, when governing or affecting contracts, shall apply to any poultry growing arrangement, swine production contract, or any other livestock or poultry contract entered into, amended, altered, modified, renewed or extended after February 7, 2012. | ||||
| 9:9:2.0.1.1.2.2.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | B | Subpart B—Administration | § 201.4 Authority. | AMS | [19 FR 4524, July 22, 1954. Redesignated at 76 FR 76889, Dec. 9, 2011] | The Administrator shall perform such duties as the Secretary may require in enforcing the provisions of the act and the regulations in this part. | ||||
| 9:9:2.0.1.1.2.3.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | C | Subpart C—Applicability of Industry Rules | § 201.5 Bylaws, rules and regulations, and requirements of exchanges, associations, or other organizations; applicability, establishment. | AMS | [19 FR 4524, July 22, 1954, as amended at 44 FR 45361, Aug. 2, 1979. Redesignated at 76 FR 76889, Dec. 9, 2011] | (a) The regulations in this part shall not prevent the legitimate application or enforcement of any valid bylaw, rule or regulation, or requirement of any exchange, association, or other organization, or any other valid law, rule or regulation, or requirement to which any packer, stockyard owner, market agency, or dealer shall be subject which is not inconsistent or in conflict with the act and the regulations in this part. (b) Market agencies selling livestock on commission shall not, in carrying out the statutory duty imposed upon them by section 307 of title III of the act, permit dealers, packers, or others representing interests which conflict with those of consignors, to participate, directly or indirectly, in determination of the need for, or in the establishment of, regulations governing, or practices relating to, the responsibilities, duties, or obligations of such market agencies to their consignors. | ||||
| 9:9:2.0.1.1.2.4.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | D | Subpart D—Registration | § 201.10 Requirements and procedures. | AMS | [49 FR 33003, Aug. 20, 1984, as amended at 54 FR 37094, Sept. 7, 1989; 56 FR 2127, Jan. 22, 1991; 68 FR 75388, Dec. 31, 2003; 75 FR 6300, Feb. 9, 2010] | (a) Every person operating or desiring to operate as a market agency or dealer as defined in section 301 of the Act (7 U.S.C. 201) must apply for registration. To apply, such persons must file a properly executed application for registration on a form furnished by the Agency. Each applicant must file an application for registration with the regional office for the region where the applicant has his or her primary place of business, and file and maintain a bond as required in §§ 201.27 through 201.34 (9 CFR 201.27 through 201.34). (b) If, upon review of an application, the Administrator has reason to believe the applicant is unfit to engage in the activity for which application has been made, a proceeding shall be instituted promptly affording the applicant the opportunity for a full hearing, in accordance with the Department's Rule of Practice Governing Formal Adjudicatory Proceedings (7 CFR Subpart H), to show cause why the application for registration should not be denied. If after the hearing the application is denied, as soon as the issue(s) that formed the basis of the denial have been remedied, the applicant may file a new application for registration. (c) Any person regularly employed on salary, or other comparable method of compensation, by a packer to buy livestock for such packer is subject to the regulation requirements of this section. Such person must be registered as a dealer to purchase livestock for slaughter on behalf of the packer. (d) Every person clearing or desiring to clear the buying operations of other registrants must apply for registration as a market agency providing clearing services by filing a properly executed application on a form furnished by the Agency, and file and maintain a bond as required in §§ 201.27 through 201.34. (e) If an application for registration is granted, a market agency or dealer receives an acceptance letter from the Agency that issues the registration number and the effective date of the registration. Each registration issued in accordance with this sectio… | ||||
| 9:9:2.0.1.1.2.4.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | D | Subpart D—Registration | § 201.11 Suspended registrants; officers, agents, and employees. | AMS | [49 FR 33003, Aug. 20, 1984] | Any person whose registration has been suspended, or any person who was responsible for or participated in the violation on which the order of suspension was based, may not register in his own name or in any other manner within the period during which the order of suspension is in effect, and no partnership or corporation in which any such person has a substantial financial interest or exercises management responsibility or control may be registered during such period. | ||||
| 9:9:2.0.1.1.2.5.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | E | Subpart E—Schedules of Rates and Charges | § 201.17 Requirements for filing tariffs. | AMS | [49 FR 33003, Aug. 20, 1984, as amended at 68 FR 75388, Dec. 31, 2003; 88 FR 62695, Sept. 13, 2023] | (a) Schedules of rate changes for stockyard services. Each stockyard owner and market agency operating at a posted stockyard shall file with the Regional Director for the region in which they operate a signed copy of all schedules of rates and charges, supplements and amendments thereto. The schedules, supplements and amendments must be conspicuously posted for public inspection at the stockyard, and filed with the Regional Director, at least 10 days before their effective dates, except as provided in paragraphs (b) and (c) of this section. Each schedule, supplement and amendment shall set forth its effective date, a description of the stockyard services rendered, the stockyard at which it applies, the name and address of the stockyard owner or market agency, the kind of livestock covered by it, and any rules or regulations which affect any rate or charge contained therein. Each schedule of rates and charges filed shall be designated by successive numbers. Each supplement and amendment to such schedule shall be numbered and shall designate the number of the schedule which it supplements or amends. (b) Feed charges. When the schedule in effect provides for feed charges to be based on an average cost plus a specified margin, the 10-day filing and notice provision contained in section 306(c) of the Act is waived. A schedule of the current feed charges based on average feed cost and showing the effective date shall be conspicuously posted at the stockyard at all times. Changes in feed charges may become effective 2 days after the change is posted at the stockyard. (c) Professional veterinary services. The 10-day filing and notice provision contained in section 306(a) of the Act is waived for a schedule of charges for professional veterinary services. A schedule of charges for professional veterinary services rendered by a veterinarian at a posted stockyard shall be conspicuously posted at the stockyard at all times. The schedule of charges and any supplement or amendment thereto may become effective 2 days af… | ||||
| 9:9:2.0.1.1.2.6.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | F | Subpart F—Bonding | § 201.27 Underwriter; equivalent in lieu of bonds; standard forms. | AMS | [56 FR 2128, Jan. 22, 1991, as amended at 61 FR 36279, July 10, 1996; 62 FR 11759, Mar. 13, 1997; 68 FR 75388, Dec. 31, 2003] | (a) The surety on bonds maintained under the regulations in this part shall be a surety company which is currently approved by the United States Treasury Department for bonds executed to the United States; and which has not failed or refused to satisfy its legal obligations under bonds issued under said regulations. (b) Any packer, market agency, or dealer required to maintain a surety bond under these regulations may elect to maintain, in whole or partial substitution for such surety bond, a bond equivalent as provided below. The total amount of any such surety bond, equivalent, or combination thereof, must be the total amount of the surety bond otherwise required under these regulations. Any such bond equivalent must be in the form of: (1) A trust fund agreement governing funds actually deposited or invested in fully negotiable obligations of the United States or Federally-insured deposits or accounts in the name of and readily convertible to currency by a trustee as provided in § 201.32, or (2) A trust agreement governing funds which may be drawn by a trustee as provided in § 201.32, under one or more irrevocable, transferrable, standby letters of credit, issued by a Federally-insured bank or institution and physically received and retained by such trustee. (c) The provisions of §§ 201.27 through 201.34 shall be applicable to the trust fund agreements, trust agreements and letters of credit authorized in paragraph (b) of this section. (d) Bonds, trust fund agreements, letters of credit and trust agreements shall be filed on forms approved by the Administrator. | ||||
| 9:9:2.0.1.1.2.6.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | F | Subpart F—Bonding | § 201.28 Duplicates of bonds or equivalents to be filed with Regional Directors. | AMS | [56 FR 2128, Jan. 22, 1991, as amended at 68 FR 75388, Dec. 31, 2003; 88 FR 62696, Sept. 13, 2023] | Fully executed duplicates of bonds, trust fund agreements, and trust agreements maintained under the regulations in this part, and fully executed duplicates of all endorsements, amendments, riders, indemnity agreements, and other attachments thereto, and photographically reproduced copies of any letter of credit or amendment thereto, shall be filed with the Regional Director for the region in which the registrant, packer, or person applying for registration resides, or in the case of a corporation, where the corporation has its home office: Provided, that if such registrant, packer, or person does not engage in business in such area, the foregoing documents shall be filed with the Regional Director for the region in which the place of business of the registrant or packer or person is located. | ||||
| 9:9:2.0.1.1.2.7.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | G | Subpart G—Market Agency, Dealer, and Packer Bonds | § 201.29 Market agencies, packers and dealers required to file and maintain bonds. | AMS | [48 FR 8806, Mar. 2, 1983] | (a) Every market agency, packer, and dealer, except as provided in paragraph (d) of this section, and except packer buyers registered as dealers to purchase livestock for slaughter only, shall execute and maintain a reasonable bond on forms approved by the Administrator containing the appropriate condition clauses, as set forth in § 201.31 of the regulations, applicable to the activity or activities in which the person or persons propose to engage, to secure the performance of obligations incurred by such market agency, packer, or dealer. No market agency, packer, or dealer required to maintain a bond shall conduct his operations unless there is on file and in effect a bond complying with the regulations in this part. (b) Every market agency buying on a commission basis and every dealer buying for his own account or for the accounts of others shall file and maintain a bond. If a registrant operates as both a market agency buying on a commission basis and as a dealer, only one bond to cover both buying operations need be filed. Any person operating as a market agency selling on a commission basis and as a market agency buying on a commission basis or as a dealer shall file and maintain separate bonds to cover his selling and buying operations. (c) Each market agency and dealer whose buying operations are cleared by another market agency shall be named as clearee in the bond filed and maintained by the market agency registered to provide clearing services. Each market agency selling livestock on a commission basis shall file and maintain its own bond. (d) Every packer purchasing livestock, directly or through an affiliate or employee or a wholly-owned subsidiary, except those packers whose annual purchases do not exceed $500,000, shall file and maintain a reasonable bond. In the event a packer maintains a wholly-owned subsidiary or affiliate to conduct its livestock buying, the wholly-owned subsidiary or affiliate shall be registered as a packer buyer for its parent packer firm, and the required bond shall be ma… | ||||
| 9:9:2.0.1.1.2.7.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | G | Subpart G—Market Agency, Dealer, and Packer Bonds | § 201.30 Amount of market agency, dealer and packer bonds. | AMS | [48 FR 8806, Mar. 2, 1983] | (a) Market agency selling livestock on commission. To compute the required amount of bond coverage, divide the dollar value of livestock sold during the preceding business year, or the substantial part of that business year, in which the market agency did business, by the actual number of days on which livestock was sold. The divisor (the number of days on which livestock was sold) shall not exceed 130. The amount of bond coverage must be the next multiple of $5,000 above the amount so determined. When the computation exceeds $50,000, the amount of bond coverage need not exceed $50,000 plus 10 percent of the excess over $50,000, raised to the next $5,000 multiple. In no case shall the amount of bond coverage for a market agency selling on commission be less than $10,000 or such higher amount as required to comply with any State law. (b) Market agency buying on commission or dealer. The amount of bond coverage must be based on the average amount of livestock purchased by the dealer or market agency during a period equivalent to 2 business days. To compute the required amount of bond coverage, divide the total dollar value of livestock purchased during the preceding business year, or substantial part of that business year, in which the dealer or market agency or both did business, by one-half the number of days on which business was conducted. The number of days in any business year, for purposes of this regulation, shall not exceed 260. Therefore, the divisor (one-half the number of days on which business was conducted) shall not exceed 130. The amount of the bond coverage must be the next multiple of $5,000 above the amount so determined. When the computation exceeds $75,000, the amount of bond coverage need not exceed $75,000 plus 10 percent of the excess over $75,000, raised to the next $5,000 multiple. In no case shall the amount of bond coverage be less than $10,000 or such higher amount as required to comply with any State law. (c) Market agency acting as clearing agency. The amount of bond coverage … | ||||
| 9:9:2.0.1.1.2.7.1.3 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | G | Subpart G—Market Agency, Dealer, and Packer Bonds | § 201.31 Conditions in market agency, dealer and packer bonds. | AMS | [47 FR 32695, July 29, 1982] | Each market agency, dealer and packer bond shall contain conditions applicable to the activity or activities in which the person or persons named as principal or clearees in the bond propose to engage, which conditions shall be as follows or in terms to provide equivalent protection: (a) Condition Clause No. 1: When the principal sells livestock for the accounts of others. If the said principal shall pay when due to the person or persons entitled thereto the gross amount, less lawful charges, for which all livestock is sold for the accounts of others by said principal. (b) Condition Clause No. 2: When the principal buys livestock for his own account or for the accounts of others. If the said principal shall pay when due to the person or persons entitled thereto the purchase price of all livestock purchased by said principal for his own account or for the accounts of others, and if the said principal shall safely keep and properly disburse all funds, if any, which come into his hands for the purpose of paying for livestock purchased for the accounts of others. (c) Condition Clause No. 3: When the principal clears other registrants buying livestock and thus is responsible for the obligations of such other registrants. If the said principal, acting as a clearing agency responsible for the financial obligations of other registrants engaged in buying livestock, viz: (Insert here the names of such other registrants as they appear in the application for registration), or if such other registrants, shall (1) pay when due to the person or persons entitled thereto the purchase price of all livestock purchased by such other registrants for their own account or for the accounts of others; and (2) safely keep and properly disburse all funds coming into the hands of such principal or such other registrants for the purpose of paying for livestock purchased for the accounts of others. (d) Condition Clause No. 4: When the principal buys livestock for his own account as a packer. If the said principal shall pay when du… | ||||
| 9:9:2.0.1.1.2.7.1.4 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | G | Subpart G—Market Agency, Dealer, and Packer Bonds | § 201.32 Trustee in market agency, dealer and packer bonds. | AMS | [41 FR 53774, Dec. 9, 1976] | Bonds may be in favor of a trustee who shall be a financially responsible, disinterested person satisfactory to the Administrator. State officials, secretaries or other officers of livestock exchanges or of similar trade associations, attorneys at law, banks and trust companies, or their officers, are deemed suitable trustees. If a trustee is not designated in the bond and action is taken to recover damages for breach of any condition thereof, the Administrator shall designate a person to act as trustee. In those States in which a State official is required by statute to act or has agreed to act as trustee, such official shall be designated by the Administrator as trustee when a designation by the Administrator becomes necessary. | ||||
| 9:9:2.0.1.1.2.7.1.5 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | G | Subpart G—Market Agency, Dealer, and Packer Bonds | § 201.33 Persons damaged may maintain suit; filing and notification of claims; time limitations; legal expenses. | AMS | [56 FR 2128, Jan. 22, 1991] | Each bond and each bond equivalent filed pursuant to the regulations in this part shall contain provisions that: (a) Any person damaged by failure of the principal to comply with any condition clause of the bond or bond equivalent may maintain suit to recover on the bond or bond equivalent even though such person is not a party named in the bond or bond equivalent; (b) Any claim for recovery on the bond or bond equivalent must be filed in writing with either the surety, if any, or the trustee, if any, or the Administrator, and whichever of these parties receives such a claim shall notify the other such party or parties at the earliest practical date; (c) The Administrator is authorized to designate a trustee pursuant to § 201.32; (d) The surety on the bond, or the trustee on the bond equivalent, as the case may be, shall not be liable to pay any claim if it is not filed in writing within 60 days from the date of the transaction on which the claim is based or if suit thereon is commenced less than 120 days or more than 547 days from the date of the transaction on which the claim is based; (e) The proceeds of the bond or bond equivalent, as the case may be, shall not be used to pay fees, salaries, or expenses for legal representation of the surety or the principal. | ||||
| 9:9:2.0.1.1.2.7.1.6 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | G | Subpart G—Market Agency, Dealer, and Packer Bonds | § 201.34 Termination of market agency, dealer and packer bonds. | AMS | [47 FR 32695, July 29, 1982, as amended at 54 FR 26349, June 23, 1989; 61 FR 36279, July 10, 1996; 68 FR 75388, Dec. 31, 2003; 84 FR 45647, Aug. 30, 2019] | (a) Each bond shall contain a provision requiring that, prior to terminating such bond, at least 30 days notice in writing shall be given to the Administrator, Agricultural Marketing Service (AMS), U.S. Department of Agriculture, Washington, DC 20250, by the party terminating the bond. Such provision may state that in the event the surety named therein writes a replacement bond for the same principal, the 30-day notice requirement may be waived and the bond will be terminated as of the effective date of the replacement bond. (b) Each bond filed by a market agency who clears other registrants who are named in the bond shall contain a provision requiring that, prior to terminating the bond coverage of any clearee named therein, at least 30 days notice in writing shall be given to the Administrator, Agricultural Marketing Service (AMS), U.S. Department of Agriculture, Washington, DC 20250, by the surety. Such written notice shall be in the form of a rider or endorsement to be attached to the bond of the clearing agency. (c) Each trust fund agreement and trust agreement shall contain a provision requiring that, prior to terminating such agreement, at least 30 days notice in writing shall be given to the Administrator, Agricultural Marketing Service, U.S. Department of Agriculture, Washington, DC 20250, by the party terminating the agreement. Such provision shall state that in the event the principal named therein files an acceptable bond or bond equivalent to replace the agreement, the 30-day notice requirement may be waived and the agreement will be terminated as of the effective date of the replacement bond or bond equivalent. | ||||
| 9:9:2.0.1.1.2.8.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | H | Subpart H—Proceeds of Sale | § 201.39 Payment to be made to consignor or shipper by market agencies; exceptions. | AMS | [19 FR 4528, July 22, 1954, as amended at 28 FR 7218, July 13, 1963; 44 FR 45361, Aug. 2, 1979] | (a) No market agency shall, except as provided in paragraph (b) of this section, pay the net proceeds or any part thereof, arising from the sale of livestock consigned to it for sale, to any person other than the consignor or shipper of such livestock except upon an order from the Secretary or a court of competent jurisdiction, unless (1) such market agency has reason to believe that such person is the owner of the livestock, (2) such person holds a valid, unsatisfied mortgage or lien upon the particular livestock, or (3) such person holds a written order authorizing such payment executed by the owner at the time of or immediately following the consignment of such livestock: Provided, That this paragraph shall not apply to deductions made from sales proceeds for the purpose of financing promotion and research activities, including educational activities, relating to livestock, meat, and other products covered by the Act, carried out by producer-sponsored organizations. (b) The net proceeds arising from the sale of livestock, the ownership of which has been questioned by a market agency duly authorized to inspect brands, marks, and other identifying characteristics of livestock may be paid in accordance with the directions of such brand inspection agency if the laws of the State from which such livestock originated or was shipped to market make provision for payment of the proceeds in the manner directed by the brand inspection agency and if the market agency to which the livestock was consigned, and the consignor or consignors concerned, are unable to establish the ownership of the livestock within a reasonable period of time, not to exceed 60 days after sale. | ||||
| 9:9:2.0.1.1.2.8.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | H | Subpart H—Proceeds of Sale | § 201.42 Custodial accounts for trust funds. | AMS | [47 FR 32696, July 29, 1982, as amended at 54 FR 26349, June 23, 1989; 68 FR 75388, Dec. 31, 2003; 88 FR 62696, Sept. 13, 2023] | (a) Payments for livestock are trust funds. Each payment that a livestock buyer makes to a market agency selling on commission is a trust fund. Funds deposited in custodial accounts are also trust funds. (b) Custodial accounts for shippers' proceeds. Every market agency engaged in selling livestock on a commission or agency basis shall establish and maintain a separate bank account designated as “Custodial Account for Shippers' Proceeds,” or some similar identifying designation, to disclose that the depositor is acting as a fiduciary and that the funds in the account are trust funds. (c) Deposits in custodial accounts. The market agency shall deposit in its custodial account before the close of the next business day (the next day on which banks are customarily open for business whether or not the market agency does business on that day) after livestock is sold (1) the proceeds from the sale of livestock that have been collected, and (2) an amount equal to the proceeds receivable from the sale of livestock that are due from (i) the market agency, (ii) any owner, officer, or employee of the market agency, and (iii) any buyer to whom the market agency has extended credit. The market agency shall thereafter deposit in the custodial account all proceeds collected until the account has been reimbursed in full, and shall, before the close of the seventh day following the sale of livestock, deposit an amount equal to all the remaining proceeds receivable whether or not the proceeds have been collected by the market agency. (d) Withdrawals from custodial accounts. The custodial account for shippers' proceeds shall be drawn on only for payment of (1) the net proceeds to the consignor or shipper, or to any person that the market agency knows is entitled to payment, (2) to pay lawful charges against the consignment of livestock which the market agency shall, in its capacity as agent, be required to pay, and (3) to obtain any sums due the market agency as compensation for its services. (e) Accounts and records. … | ||||
| 9:9:2.0.1.1.2.9.1.1 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | I | Subpart I—Accounts and Records | § 201.43 Payment and accounting for livestock and live poultry. | AMS | [49 FR 6083, Feb. 17, 1984, as amended at 49 FR 8235, Mar. 6, 1984; 54 FR 16355, Apr. 24, 1989; 68 FR 75388, Dec. 31, 2003] | (a) Market agencies to make prompt accounting and transmittal of net proceeds. Each market agency shall, before the close of the next business day following the sale of any livestock consigned to it for sale, transmit or deliver to the consignor or shipper of the livestock, or the duly authorized agent, in the absence of any knowledge that any other person, or persons, has any interest in the livestock, the net proceeds received from the sale and a true written account of such sale, showing the number, weight, and price of each kind of animal sold, the date of sale, the commission, yardage, and other lawful charges, and such other facts as may be necessary to complete the account and show fully the true nature of the transaction. (b) Prompt payment for livestock and live poultry—terms and conditions. (1) No packer, market agency, or dealer shall purchase livestock for which payment is made by a draft which is not a check, unless the seller expressly agrees in writing before the transaction that payment may be made by such a draft. (In cases of packers whose average annual purchases exceed $500,000, and market agencies and dealers acting as agents for such packers, see also § 201.200). (2)(i) No packer, market agency, or dealer purchasing livestock for cash and not on credit, whether for slaughter or not for slaughter, shall mail a check in payment for the livestock unless the check is placed in an envelope with proper first class postage prepaid and properly addressed to the seller or such person as he may direct, in a post office, letter box, or other receptacle regularly used for the deposit of mail for delivery, from which such envelope is scheduled to be collected (A) before the close of the next business day following the purchase of livestock and transfer of possession thereof, or (B) in the case of a purchase on a “carcass” or “grade and yield” basis, before the close of the first business day following determination of the purchase price. (ii) No packer, market agency, or dealer purchasing livestoc… | ||||
| 9:9:2.0.1.1.2.9.1.2 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | I | Subpart I—Accounts and Records | § 201.44 Market agencies to render prompt accounting for purchases on order. | AMS | [44 FR 45360, Aug. 2, 1979, as amended at 54 FR 26349, June 23, 1989; 68 FR 75388, Dec. 31, 2003] | Each market agency shall, promptly following the purchase of livestock on a commission or agency basis, transmit or deliver to the person for whose account such purchase was made, or the duly authorized agent, a true written account of the purchase showing the number, weight, and price of each kind of animal purchased, the names of the persons from whom purchased, the date of purchase, the commission and other lawful charges, and such other facts as may be necessary to complete the account and show fully the true nature of the transaction. | ||||
| 9:9:2.0.1.1.2.9.1.3 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | I | Subpart I—Accounts and Records | § 201.45 Market agencies to make records available for inspection by owners, consignors, and purchasers. | AMS | [19 FR 4528, July 22, 1954, as amended at 44 FR 45361, Aug. 2, 1979; 47 FR 746, Jan. 7, 1982; 54 FR 26349, June 23, 1989; 68 FR 75388, Dec. 31, 2003] | Each market agency engaged in the business of selling or buying livestock on a commission or agency basis shall, on request from an owner, consignor, or purchaser, make available copies of bills covering charges paid by such market agency for and on behalf of the owner, consignor, or purchaser which were deducted from the gross proceeds of the sale of livestock or added to the purchase price thereof when accounting for the sale or purchase. | ||||
| 9:9:2.0.1.1.2.9.1.4 | 9 | Animals and Animal Products | II | 201 | PART 201—ADMINISTERING THE PACKERS AND STOCKYARDS ACT | I | Subpart I—Accounts and Records | § 201.49 Requirements regarding scale tickets evidencing weighing of livestock, live poultry, and feed. | AMS | [78 FR 51663, Aug. 21, 2013] | (a) When livestock, poultry or feed is weighed for the purpose of purchase, sale, acquisition, or settlement, a scale ticket must be issued which must be serially numbered and used in numerical sequence. Sufficient copies must be executed and provided to all parties to the transaction. Unused and partially executed scale tickets must not be left exposed or accessible to other parties and, except in feed mills, must be kept under lock when the weigher is not at the scale. In instances where the weight values are automatically recorded directly on the account of purchase, account of sale, or other basic transaction record, this record may serve in place of a scale ticket. (b) Livestock. When livestock is weighed for the purpose of purchase or sale, or when livestock is purchased on a carcass weight or carcass grade and weight basis, the live or hot carcass weights must be recorded using a scale equipped with a printing device, and such printed weights must be retained as part of the person or firm's business records to substantiate settlement on each transaction. In instances where the weight values are automatically recorded directly on the account of purchase, account of sale, or other basic transaction record, this record may serve in place of a scale ticket. Scale tickets or other basic transaction records issued under this section must show: (1) The name and location of the agency performing the weighing service; (2) The date of the weighing; (3) The name of the buyer and seller or consignor, or a designation by which they may be readily identified; (4) The number of head; (5) Kind of livestock; (6) Actual weight of each draft of livestock; and (7) The name, initials, or identification number of the person who weighed the livestock, or if required by State law, the signature of the weigher, except for an automated weighing system where a weigher is not stationed at the scale. (c) Poultry. When live poultry is weighed for the purpose of purchase, sale, acquisition, or settlement by a live poultry d… | ||||
| 9:9:2.0.1.1.3.0.1.1 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.1 Applicability of other rules. | AMS | The Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes, 7 CFR part 1, subpart H, are applicable to all rate proceedings under Sections 304, 305, 306, 307 and 310 of the Packers and Stockyards Act, 1921, as amended, 7 U.S.C. 205, 206, 207, 208 and 211, except insofar as those Rules are in conflict with any provision herein. | |||||||
| 9:9:2.0.1.1.3.0.1.2 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.2 Definitions. | AMS | [43 FR 30510, July 14, 1978, as amended at 84 FR 45647, Aug. 30, 2019; 84 FR 56678, Oct. 23, 2019; 88 FR 62696, Sept. 13, 2023] | As used in these rules: (a) Rate proceeding means a proceeding involving the determination and prescription of any rate or charge made or proposed to be made for any stockyard service furnished at a stockyard by a stockyard owner or market agency, or a proceeding involving any rule, regulation or practice affecting any such rate or charge; and (b) Administrator means the Administrator of the Agricultural Marketing Service (AMS), or any officer or employee of AMS to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act for the Administrator. | ||||||
| 9:9:2.0.1.1.3.0.1.3 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.3 Institution of proceedings. | AMS | (a) Informal complaint. Any interested person desiring to complain of the lawfulness of any rate or charge made or proposed to be made for any stockyard service furnished at a stockyard by a stockyard owner or market agency, or rule, regulation or practice affecting any such rate or charge, may file an informal complaint with the Administrator. (b) Investigation. If there appears to be any reasonable ground for doing so, the Administrator will investigate the matter complained of. If the Administrator reasonably believes that there are not sufficient facts to form the basis for further proceeding, the matter may be dropped. If it is dropped, the person filing the informal complaint will be informed. (c) Status of person filing. A person filing an informal complaint will be a party to a rate proceeding if the Administrator files such person's informal complaint as a formal complaint, or if the Judge permits such person to intervene upon written application. (d) Formal complaint. A rate proceeding may be instituted only upon filing of a formal complaint by the Administrator. A formal complaint may be filed on the initiative of the Administrator, or on the basis of an informal complaint, or by filing the informal complaint as a formal complaint. A formal complaint filed by the Administrator, or a summary thereof, will be published in the Federal Register, together with notice of the time by which, and the place where, any interested person may file a written request to be heard. | |||||||
| 9:9:2.0.1.1.3.0.1.4 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.4 Answer and reply. | AMS | Respondent is not required to file an answer. If an answer is filed, complainant is not required to file a reply. | |||||||
| 9:9:2.0.1.1.3.0.1.5 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.5 Hearing. | AMS | The hearing will be oral unless all parties waive oral hearing. It will be written if not oral. Notice of the date, time and place of oral hearing, or of the date and place for filing of written submissions in a written hearing, will be served on the Administrator and the respondent, and on such other persons as have requested in writing to be heard. | |||||||
| 9:9:2.0.1.1.3.0.1.6 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.6 Taking no position on the merits. | AMS | The proceeding may be instituted by filing of the informal complaint as a formal complaint, and the Administrator may take no position on the merits of the case. | |||||||
| 9:9:2.0.1.1.3.0.1.7 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.7 Modification or vacation of final order. | AMS | (a) Informal petition. Any interested person may file an informal petition to modify or vacate a final order at any time. Any such petition must be filed with the Administrator, be based on matters arising after the issuance of the final order, and set forth such matters, and the reasons or conditions relied on, with such particularity as is practicable. Any such informal petition will be handled as otherwise provided for an informal complaint. (b) Formal motion. A final order may be modified or vacated at any time only upon filing of a formal motion by the Administrator. Such a motion may be filed on the initiative of the Administrator, on the basis of an informal petition, or by filing of an informal petition as a formal motion. (c) Publication. If the modification or vacation sought would involve an increase of a rate or charge lawfully prescribed by the Secretary, or involve a rate or charge in addition to what is specified in the final order, or involve a regulation or practice so affecting such a rate or charge, the formal motion, or a summary thereof, will be published in the Federal Register, together with notice of the place, and the time by which, any interested person may file a written request to be heard. (d) Proceedings. Proceedings upon such a formal motion will be as otherwise provided for a formal complaint. | |||||||
| 9:9:2.0.1.1.3.0.2.10 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.103 Rule 3: Beginning a reparation proceeding. | AMS | [43 FR 30510, July 14, 1978, as amended at 60 FR 8465, Feb. 14, 1995; 84 FR 45647, Aug. 30, 2019] | (a) Filing. A reparation proceeding is begun by filing a complaint. Any interested person (including any agency of a state or territory having jurisdiction over persons subject to the Act in such state or territory) desiring to complain of anything done or omitted to be done by any stockyard owner, market agency, or dealer in violation of sections 304, 305, 306, or 307, or of an order of the Secretary made under title III, of the Act, may file a complaint to begin a reparation proceeding. (b) Form. The complaint must be in writing, state the facts of the matter complained of, identify each person complained against (respondent), and identify each person who complains against such respondent and claims reparation from such respondent. It may be on a printed form supplied by the Agency, or may be a formal document, or may be a letter, mailgram, or telegram. It may be typewritten or handwritten. If it is not on a printed form supplied by the Agency, the Agency Head may, prior to docketing of the proceeding, recommend to the complainant that an amended complaint be filed on such a printed form. (c) Contents and attachments. So far as practicable, the complaint should include the following items as applicable: (1) Date and place where the alleged violation occurred; (2) Quantity and quality of the livestock involved; (3) Whether a sale is involved and, if so, the date, sale price, and amount actually paid and received; (4) Whether a consignment is involved and, if so the date, reported proceeds, gross, net; (5) Amount of reparation claimed, and method of computation; (6) Name and address of each partner or member, if a partnership or joint venture is involved; (7) Name and address of each person involved, including any agent representing the complainant or the respondent in the transaction involved; (8) Other material facts, including terms of contract; and (9) True copies of all available papers relating to the transaction complained about, including shipping documents, letters, telegrams, invoices, … | ||||||
| 9:9:2.0.1.1.3.0.2.11 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.104 Rule 4: Agency action. | AMS | (a) Informal disposition. If there appears to be any reasonable ground for doing so, the Agency Head shall investigate the matter complained of. If the Agency Head reasonably believes that there are not sufficient facts to form the basis for further proceeding, the matter may be dropped, without prejudice to subsequent court action on the same cause of action; if it is dropped, the person filing the complaint shall be informed. If the statements in the complaint, and information obtained in the investigation, seem to warrant such action, the Agency Head may make an effort to obtain the consent of the parties to an amicable or informal adjustment of the matter by communication with the parties or their attorneys or representatives. Such communication may be written or oral or both. (b) Service of complaint. If the matter is not disposed of as provided in paragraph (a), the complaint, together with any amendment which has been filed, shall be served on the respondent with a notice that an answer is required. (c) Service of report of investigation. A report prepared by the Agency, of its investigation of the matter complained of, and supplements to such a report, may be served on the parties and made a part of the record of the proceeding. Whether such a report or supplement shall be prepared, and whether it shall be served on the parties and made a part of the record, and its contents, shall be in the discretion of the Agency Head. The Judicial Officer shall consider information in such a report or supplement as part of the evidence in the proceeding, to the extent that such information is relevant and material to the proceeding. Any party may submit evidence in rebuttal of such information as is provided generally in these rules for the submission of evidence. Oral testimony, to the extent credible, shall be given greater weight as evidence than such information. | |||||||
| 9:9:2.0.1.1.3.0.2.12 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.105 Rule 5: Filing; time for filing; service. | AMS | [43 FR 30510, July 14, 1978, as amended at 55 FR 41183, Oct. 10, 1990; 60 FR 8465, Feb. 14, 1995] | (a) Filing; number of copies. Prior to docketing of a proceeding under these rules, all documents and papers other than the initial complaint, filed in the proceeding, shall be filed with the Agency. After such docketing of a proceeding, all such documents and papers shall be filed with the hearing clerk, Provided, That all such documents and papers, except a petition for disqualification of a presiding officer, shall be filed with the presiding officer if the parties have been served with written notice to do so. Each such document or paper shall be filed in quadruplicate with an extra copy for each party in excess of two, except as otherwise provided in these rules. Any document or paper not filed in the required number of copies, except an initial complaint, may be returned to the party filing it. (b) Effective date of filing. Any document or paper other than an initial complaint, filed in a proceeding under these rules, shall be deemed to be filed at the time when it reaches the headquarters of the Department in Washington DC, or, if authorized to be filed with an officer or employee of the Department at any place outside the District of Columbia, it shall be deemed to be filed at the time when it reaches the office of such officer or employee. (c) Additional time for filing. The time for the filing of any document or paper other than an initial complaint, in a proceeding under these rules, may upon request be extended as reasonable, by the agency head prior to docketing of the proceeding, or by the presiding officer, or by the judicial officer; notice of any extension of time shall be served on all parties. After docketing of the proceeding, in all instances in which time permits, notice of a request for extension of time shall be given to parties other than the one filing such request, with opportunity to submit views concerning the request. (d) Computation of time. Saturdays, Sundays, and Federal holidays shall be included in computing the time allowed for the filing of any document or paper: … | ||||||
| 9:9:2.0.1.1.3.0.2.13 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.106 Rule 6: Answer. | AMS | (a) Filing and service. Within 20 days after service on a respondent, of a complaint or amendment of a complaint, such person shall file an answer in writing, signed by such person or by the attorney or representative of such person. If a respondent desires an oral hearing, a request for it should be included with the answer of such person. If any answer or amended answer is filed, it shall be served on the complainant. (b) Required contents. If a respondent desires to make a defense, the answer of such person shall contain a precise statement of the facts which constitute the grounds of defense, and shall specifically admit, deny, or explain each of the allegations of the complaint, except that, if the respondent is without knowledge, such answer shall state that. If a respondent does not desire to make a defense, the answer of such person shall contain an admission of all the allegations of the complaint, or an admission of liability to the complainant in the full amount claimed by the complainant as reparation, or both. An answer may be stricken for failure to comply with these requirements; notice of an order so striking an answer shall be served on the parties; within 20 days after service on a respondent of such a notice, such person shall file an answer which complies with these requirements. (c) Setoff, counterclaim or cross-claim. The answer may assert a setoff, counterclaim, or cross-claim, or any combination thereof. No counterclaim or cross-claim shall be considered unless it is based on a violation for which the act authorizes reparation to be ordered to be paid, and filed within 90 days after accrual of the cause of action alleged therein: Provided, That a counterclaim not filed within such time limit may be considered if based on a transaction complained of in the complaint. Any cross-claim asserted against a co-respondent, based on a violation for which the act authorizes reparation to be ordered to be paid, and filed within 90 days after accrual of the cause of action alleged therein, s… | |||||||
| 9:9:2.0.1.1.3.0.2.14 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.107 Rule 7: Reply. | AMS | [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990] | (a) Filing and service. If the answer asserts a counterclaim or a setoff, the complainant may file a reply in writing within 20 days after service of the answer on such person. If any reply or amended reply is filed, it shall be served on the respondent. (b) Contents. The reply shall be confined strictly to the matters alleged in the counterclaim or setoff asserted in the answer. It shall contain a precise statement of the facts which constitute the grounds of defense to the counterclaim or setoff and shall specifically admit, deny, or explain each of the allegations of the answer constituting such counterclaim or setoff, except that, if the complainant is without knowledge, the reply shall state that. (c) Failure to file. If no reply is filed, the allegations of the answer shall be regarded as denied. | ||||||
| 9:9:2.0.1.1.3.0.2.15 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.108 Rule 8: Docketing of proceeding. | AMS | Promptly following receipt of the answer, or the reply (if the answer asserts a counterclaim or a setoff), or following the expiration of the period of time prescribed above for the filing of the answer or of the reply, the agency head shall transmit all of the papers which have been filed in the proceeding (including the investigation report if any has been served on the parties) to the hearing clerk, who shall assign a docket number to the proceeding. Thereafter the proceeding shall be referred to by such number. The hearing clerk shall promptly transmit all such papers to the Office of the General Counsel for assignment of a presiding officer. | |||||||
| 9:9:2.0.1.1.3.0.2.16 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.109 Rule 9: Depositions. | AMS | [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990; 60 FR 8465, Feb. 14, 1995] | (a) Application. Any party may file an application for an order for the taking of testimony by deposition, at any time after docketing of a proceeding and before the close of an oral hearing or the filing of such party's evidence in a written hearing therein. The application shall set forth: (1) The name and address of the proposed deponent; (2) the name and address of the person (referred to in this section as the “officer”) before whom the proposed examination is to be made; (3) the reasons why such deposition should be taken, which must show that it may be able to be used as set forth in paragraph (i) of this section; (4) whether the proposed examination is to be on interrogatories or oral; and (5) if oral, a suggested time and place where the proposed deposition is to be made and a suggested manner in which the proposed deposition is to be conducted (telephone, audio-visual telecommunication, or by personal attendance of the individuals who are expected to participate in the deposition). The application for an order for the taking of testimony by deposition shall be made in writing, unless it is made orally on the record at an oral hearing. (b) Response; service. If any such application is made orally on the record at an oral hearing, each party other than the applicant, present at such hearing, may respond to it orally. If any such application is in writing it shall be served on each party other than the applicant, and each such other party shall have not less than 20 days, from the date of service on such party of the application, to file a written response to it. (c) Written questions (interrogatories). (1) If the examination will be oral, parties who will not be present or represented at it may file written questions with the officer prior to the time of the examination. (2) The presiding officer may direct, or the parties may agree, that the deposition, if taken, shall be taken by means of written questions. If the presiding officer finds, upon the protest of a party to the proceeding, that such… | ||||||
| 9:9:2.0.1.1.3.0.2.17 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.110 Rule 10: Prehearing conference. | AMS | [43 FR 30510, July 14, 1978, as amended at 60 FR 8466, Feb. 14, 1995] | (a) The presiding officer, at any time prior to the commencement of the hearing, may request the parties or their counsel to appear at a conference before the presiding officer to consider: (1) The simplification of issues; (2) The necessity of amendments to pleadings; (3) The possibility of obtaining stipulations of fact and of the authenticity, accuracy, and admissibility of documents, which will avoid unnecessary proof; (4) The limitation of the number of expert or other witnesses; (5) The negotiation, compromise, or settlement of issues; (6) The exchange of copies of proposed exhibits; (7) The identification of documents or matters of which official notice may be requested; (8) A schedule to be followed by the parties for completion of the actions decided at the conference; or (9) Such other matters as may expedite and aid in the disposition of the proceeding. No transcript or recording of such a conference shall be made, but the presiding officer shall prepare and file for the record a written summary if any action is taken at the conference, which shall incorporate any written stipulations or agreements made by the parties at the conference or as a result of the conference. (b) Manner of the prehearing conference. (1) The prehearing conference shall be conducted by telephone or correspondence unless the presiding officer determines that conducting the prehearing conference by audio-visual telecommunication: (i) Is necessary to prevent prejudice to a party; (ii) Is necessary because of a disability of any individual expected to participate in the prehearing conference; or (iii) Would cost less than conducting the prehearing conference by telephone or correspondence. If the presiding officer determines that a prehearing conference conducted by audio-visual telecommunication would measurably increase the United States Department of Agriculture's cost of conducting the prehearing conference, the prehearing conference shall be conducted by personal attendance of any individual who is expected to … | ||||||
| 9:9:2.0.1.1.3.0.2.18 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.111 Rule 11: Hearing, oral or written. | AMS | [51 FR 42083, Nov. 21, 1986, as amended at 55 FR 41184, Oct. 10, 1990] | (a) When held. A hearing, oral or written, shall be held unless: (1) Each respondent admits or is deemed to admit sufficient allegations of the complaint to support the full amount claimed by the complainant as reparation; (2) Each respondent admits liability to the complainant in the full amount claimed by the complainant as reparation; (3) Before a hearing has been completed the parties agree in writing that the proceeding may be decided on the basis of the record as it stands at the time such agreement is filed; or (4) Before a hearing has been completed the parties settle their dispute or the complainant withdraws the complaint. (b) Whether oral or written. The hearing provided for in paragraph (a) of this section shall be oral if: (1) $10,000 or more is in controversy and any respondent files a written request for an oral hearing with such respondent's answer; or (2) $10,000 or more is in controversy and any complainant files a written request for an oral hearing on or before the 20th day after service on such complainant of notice that no respondent has filed a timely request for an oral hearing; or (3) Less than $10,000 is in controversy and the presiding officer determines, upon written request by any party thereto, that an oral hearing is necessary to establish the facts and circumstances giving rise to the controversy. The hearing shall be written if not oral. (c) Withdrawal of request. If $10,000 or more is in controversy and a party has timely filed a request for oral hearing, such party may withdraw such request at any time prior to completion of an oral hearing. If such a withdrawal leaves no pending request for oral hearing in the proceeding, and if the presiding officer has not decided that the hearing should be oral, each other party shall be served with notice of this and shall be given 20 days to request an oral hearing. If any party files a request for oral hearing in such time, the hearing shall be oral in accordance with paragraph (b) of this section. (d) Presiding Officer's… | ||||||
| 9:9:2.0.1.1.3.0.2.19 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.112 Rule 12: Oral hearing. | AMS | [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990; 60 FR 8466, Feb. 14, 1995; 84 FR 45647, Aug. 30, 2019] | (a) Time, place, and manner. (1) If and when the proceeding has reached the stage where an oral hearing is to be held, the presiding officer shall set a time, place, and manner for oral hearing. The time shall be set based upon careful consideration to the convenience of the parties. The place shall be set in accordance with paragraph (a)(2) of this section and careful consideration to the convenience of the parties. The manner in which the hearing is to be conducted shall be determined in accordance with paragraphs (a)(3) and (a)(4) of this section. (2) The place shall be set in accordance with paragraphs (e) and (f) of section 407 of the Act, if applicable. In essence, under paragraphs (e) and (f) of section 407 of the Act, if the complainant and the respondent, or all of the parties, if there are more than two, have their principal places of business or residence within a single unit of local government, a single geographical area within a State, or a single State, the oral hearing is to be held as near as possible to such places of business or residence, depending on the availability of an appropriate location for conducting the hearing. If the parties have such places of business or residence distant from each other, then paragraphs (e) and (f) of section 407 of the Act are not applicable. (3) The oral hearing shall be conducted by audio-visual telecommunication unless the presiding officer determines that conducting the oral hearing by personal attendance of any individual who is expected to participate in the hearing: (i) Is necessary to prevent prejudice to a party; (ii) Is necessary because of a disability of any individual expected to participate in the hearing; or (iii) Would cost less than conducting the hearing by audio-visual telecommunication. If the presiding officer determines that a hearing conducted by audio-visual telecommunication would measurably increase the United States Department of Agriculture's cost of conducting the hearing, the hearing shall be conducted by personal attendance… | ||||||
| 9:9:2.0.1.1.3.0.2.20 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.113 Rule 13: Written hearing. | AMS | [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990] | (a) Evidence. As used in this section, the term “evidence” shall mean depositions, affidavits, or statements under penalty of perjury as provided in 28 U.S.C. 1746, Pub. L. 94-550, of persons having knowledge of the facts, or documents properly identified by such deposition, affidavit, or statement, or otherwise authenticated in such a manner that they would be admissible in evidence at an oral hearing, except as provided hereinafter. Testimony on deposition, to the extent credible, shall be given greater weight as evidence, than such affidavits or statements. In a case in which a party, entitled to oral hearing as provided in rule 11, § 202.111, withdraws such party's request for oral hearing on condition that only depositions be used if a written hearing is held, only depositions, and documents properly identified therein, shall be made a part of the record as evidence by the parties if a written hearing is held. (b) Verification. Any facts must be verified, by oath or affirmation before a person legally authorized to administer oaths or before a person designated by the Secretary for the purpose (except in the case of a statement under penalty of perjury as provided in 28 U.S.C. 1746, Pub. L. 94-550), by a person who states, in the deposition, affidavit, or statement, that such person has actual knowledge of the facts. Except under unusual circumstances, which shall be set forth in the deposition, affidavit, or statement, any such person shall be one who would appear as a witness if an oral hearing were held. (c) Complainant's evidence. The complainant shall be served with notice of an opportunity to file evidence. Within 20 days after such service, the complainant may file evidence. What the complainant files in response to that notice shall be served promptly on the respondent. (d) Respondent's evidence. After expiration of the time for the filing of complainant's evidence, the respondent shall be served with notice of an opportunity to file evidence. Within 20 days after such service, the respond… | ||||||
| 9:9:2.0.1.1.3.0.2.21 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.114 Rule 14: Post-hearing procedure. | AMS | [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990] | (a) Oral hearing. Any party present or represented at an oral hearing, desiring to file any written argument or brief, proposed findings of fact, conclusions, and order, or statement of objections to rulings made by the presiding officer, must so inform the presiding officer at the oral hearing; upon being so informed, the presiding officer shall set a reasonable time for the filing of such documents, and state it on the record at the oral hearing. (b) Written hearing. After filing of the last evidence in a written hearing, notice shall be served on each party that such party may file, within 20 days after such service on such party, written argument of brief, proposed findings or fact, conclusions, and order. (c) Service; delay in preparation of report. If any such document is filed by any party, it shall be served on all other parties. The report shall not be prepared before expiration of such time for filing. | ||||||
| 9:9:2.0.1.1.3.0.2.22 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.115 Rule 15: Submission for final consideration. | AMS | [43 FR 30510, July 14, 1978, as amended at 60 FR 8467, Feb. 14, 1995] | (a) Report. The presiding officer, with the assistance and collaboration of such employees of the Department as may be assigned for the purpose, shall prepare a report. The report shall be prepared on the basis of the evidence in the record, including the investigation report if one is prepared by the agency head and served on the parties, and any allegations admitted or deemed to be admitted, and any stipulations. The report shall be prepared in the form of a final order for signature by the judicial officer, and shall be filed with the hearing clerk. The report shall not be served on the parties unless and until it is signed by the judicial officer. (b) Record. At the same time as the report is filed with the hearing clerk, the record shall also be filed with the hearing clerk. The record shall include: Pleadings; motions and requests filed and rulings thereon; the investigation report if one is prepared by the agency head and served on the parties; the transcript or recording of an oral hearing, and exhibits received, if an oral hearing was held; evidence filed by the parties if a written hearing was held; documents filed in connection with pre-hearing conferences; any proposed findings of fact, conclusions and orders, statements of objections, and briefs; any stipulations; and proof of service. (c) Submission to judicial officer. Unless the hearing clerk reasonably believes that the record is not complete and in proper order, the record and the report shall be submitted to the judicial officer for decision. (d) Oral argument. There shall be no right to oral argument other than that provided in rule 12(h), § 202.112(h). | ||||||
| 9:9:2.0.1.1.3.0.2.23 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.116 Rule 16: Issuance of order. | AMS | (a) As soon as practicable after the receipt of the record and report from the hearing clerk, the judicial officer, on the basis of and after due consideration of the record, shall issue an order in the proceeding, which shall be served on the parties. (b) If the judicial officer deems it advisable to do so, the order may be made a tentative order. In such event, a presiding officer shall be assigned and the tentative order shall be served on each party, and each party shall have 20 days in which to file written exceptions to it, and arguments or briefs in support of such exceptions. If no party timely files exceptions, the tentative order shall automatically become the final order in the proceeding, and notice of such fact shall be served on the parties. If any party timely files such exceptions, they shall be handled in the same manner as a petition filed under rule 17, § 202.117. | |||||||
| 9:9:2.0.1.1.3.0.2.24 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.117 Rule 17: Petition to reopen a hearing; to rehear or reargue a proceeding; to reconsider an order; or to set aside a default order. | AMS | (a) Filing of petition —(1) To reopen a hearing. Any party may file a petition to reopen a hearing to take further evidence, at any time prior to the issuance of the final order, or prior to a tentative order becoming final. Such a petition must state the nature and purpose of the evidence to be offered, show that it is not merely cumulative, and state a good reason why it was not offered at the hearing if oral, or filed in the hearing if written. (2) To rehear or reargue a proceeding or reconsider an order. Any party may file a petition to rehear or reargue a proceeding or reconsider an order of the judicial officer, at any time within 20 days after service on such party of such order. Such a petition must specify the matters claimed to have been erroneously decided, and the basis for the petitioner's claim that such matters were erroneously decided. (3) To set aside a default order. Any respondent against whom an order is issued by the judicial officer, upon failure to file an answer as required, may file a petition to set aside such order, at any time within 20 days after service on such respondent of such order. Such a petition must state a good reason why an answer was not filed as required. (b) Brief or memorandum of law. If such a petitioner wishes to file a brief or memorandum of law in support of such a petition, it must be filed with such petition. (c) Procedure. A presiding officer shall be assigned upon the filing of any such petition, or upon notice to the hearing clerk (which may be written or oral, or by telephone) that any party intends to file any such petition. The party filing any such petition shall be referred to as the complainant or respondent, depending on the original designation of such party in the proceeding; such party shall have the burden of establishing that such petition should be granted. If a petition to reopen is timely filed, the order shall not be issued pending decision whether to grant or deny the petition. If a petition to rehear or reargue or reconsider, or… | |||||||
| 9:9:2.0.1.1.3.0.2.25 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.118 Rule 18: Presiding officer. | AMS | [43 FR 30510, July 14, 1978, as amended at 60 FR 8467, Feb. 14, 1995] | (a) Powers. Subject to review as provided elsewhere in these rules, the presiding officer assigned to any proceeding shall have power to: (1) Set the time, place, and manner of a prehearing conference and an oral hearing, adjourn the oral hearing from time to time, and change the time, place, and manner of oral hearing; (2) Administer oaths and affirmations; (3) Issue subpoenas requiring the attendance and testimony of witnesses and the production of documentary evidence at an oral hearing; (4) Summon and examine witnesses and receive evidence at an oral hearing; (5) Take or order the taking of depositions; (6) Admit or exclude evidence; (7) Hear oral argument on facts or law; (8) Require each party to provide all other parties and the presiding officer with a copy of any exhibit that the party intends to introduce into evidence prior to any oral hearing to be conducted by telephone or audio-visual telecommunication; (9) Require each party to provide all other parties with a copy of any document that the party intends to use to examine a deponent prior to any deposition to be conducted by telephone or audio-visual telecommunication; (10) Require that any hearing to be conducted by telephone or audio-visual telecommunication be conducted at locations at which the parties and the presiding officer are able to transmit and receive documents during the hearing; (11) Require that any deposition to be conducted by telephone or audio-visual telecommunication be conducted at locations at which the parties are able to transmit and receive documents during the deposition; and (12) Do all acts and take all measures necessary for the maintenance of order and the efficient conduct of the proceeding, including the exclusion of contumacious counsel or other persons. (b) Motions and requests. The presiding officer is authorized to rule on all motions and requests filed in the proceeding prior to submission of the presiding officer's report to the judicial officer, Provided, That a presiding officer is not auth… | ||||||
| 9:9:2.0.1.1.3.0.2.26 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.119 Rule 19: Fees of witnesses. | AMS | Witnesses subpoenaed before the presiding officer, and witnesses whose depositions are taken, shall be entitled to the same fees and mileage as are paid for like services in the courts of the United States. Fees and mileage shall be paid by the party at whose instance the witness appears or the deposition is taken. | |||||||
| 9:9:2.0.1.1.3.0.2.27 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.120 Rule 20: Official notice. | AMS | Official notice shall be taken of such matters as are judicially noticed by the courts of the United States and of any other matter of technical or scientific fact of established character: Provided, That the parties shall be given notice of matters so noticed, and shall be given adequate opportunity to show that such facts are erroneously noticed. | |||||||
| 9:9:2.0.1.1.3.0.2.28 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.121 Rule 21: Intervention. | AMS | At any time after docketing of a proceeding and before commencement of a hearing, oral or written, therein, the presiding officer may, upon petition, and for good cause shown, permit any person to intervene therein. The petition shall state with preciseness and particularity: (a) The petitioner's relationship to the matters involved in the proceeding; (b) the nature of the material the petitioner intends to present in evidence; (c) the nature of the argument the petitioner intends to make; and (d) the reasons why the petitioner should be allowed to intervene. Any such petition, and notice of the order thereon, shall be served on the parties and made a part of the record in the proceeding. | |||||||
| 9:9:2.0.1.1.3.0.2.29 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.122 Rule 22: Ex parte communications. | AMS | (a) At no stage of the proceeding between its docketing and the issuance of the final decision shall the presiding officer or judicial officer discuss ex parte the merits of the proceeding with any party, or attorney or representative of a party: Provided, That procedural matters shall not be included within this limitation; and Provided further, That the presiding officer or judicial officer may discuss the merits of the case with such a person if all parties to the proceeding or their attorneys or representatives have been served with notice and an opportunity to participate. A memorandum of any such discussion shall be included in the record. (b) No party, or attorney or representative of a party, or other person not an employee of the Department, shall make or knowingly cause to be made to the presiding officer or judicial officer an ex parte communication relevant to the merits of the proceeding. (c) If the presiding officer or judicial officer receives an ex parte communication in violation of this section, the one who receives the communication shall place in the public record of the proceeding: (1) Such communication if written, or a memorandum stating the substance of such communication if oral; and (2) A copy of any written response or a memorandum stating the substance of any oral response thereto. (d) Copies of all such items placed or included in the record, as provided in this section, shall be served on all parties. (e) For purposes of this section “ex parte communication” means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include a request for a status report on any matter or the proceeding. | |||||||
| 9:9:2.0.1.1.3.0.2.30 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.123 Rule 23: Action by Secretary. | AMS | The Secretary may act in the place and stead of a presiding officer or the judicial officer in any proceeding hereunder, or any matter in connection therewith. | |||||||
| 9:9:2.0.1.1.3.0.2.8 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.101 Rule 1: Meaning of words. | AMS | In these rules, words in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. | |||||||
| 9:9:2.0.1.1.3.0.2.9 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.102 Rule 2: Definitions. | AMS | [43 FR 30510, July 14, 1978, as amended at 46 FR 60414, Dec. 10, 1981; 55 FR 41183, Oct. 10, 1990; 60 FR 8465, Feb. 14, 1995; 84 FR 45647, Aug. 30, 2019] | Terms defined in the Act shall mean the same in these rules as in the Act. In addition, and except as may be provided otherwise in these rules: Act means the Packers and Stockyards Act, 1921, and legislation supplementary thereto and amendatory thereof, 7 U.S.C. 181 et seq.; Agency means those divisions and offices of the Agricultural Marketing Service (AMS) of the Department which are charged with administration of the Act; Agency Head means the Administrator, Agricultural Marketing Service (AMS) of the Department, or any officer or employee of the Agency to whom authority is lawfully delegated to act for the Administrator; Complainant means the party who files a complaint and claims reparation, or on whose behalf a complaint is filed and reparation is claimed, in a reparation proceeding; Department means the United States Department of Agriculture; Docketing of a reparation proceeding means transmittal of papers to the Hearing Clerk and assignment of a docket number as provided in Rule 8, § 202.108, of these rules; Hearing means that part of a reparation proceeding which involves the submission of evidence for the record and means either an oral or a written hearing; Hearing Clerk means the Hearing Clerk of the Department (see 7 CFR 2.25(a)(3)); Judicial Officer means the official of the Department delegated authority by the Secretary, pursuant to the Act of April 4, 1940 (7 U.S.C. 450c-450g) and Reorganization Plan No. 2 of 1953, to perform the function involved (see 7 CFR 2.35); Mail means to deposit an item in the United States mail with postage affixed and addressed as necessary to cause it to be delivered to the address shown by ordinary mail, or by certified or registered mail if specified. Presiding Officer means any attorney who is employed in the Office of the General Counsel of the Department and is assigned so to act in a reparation proceeding; Re-mail means to mail by ordinary mail to an address an item that has been returned after being sent to the same address by certified… | ||||||
| 9:9:2.0.1.1.3.0.3.31 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.200 Scope and applicability of rules of practice. | AMS | The Uniform Rules of Practice for the Department of Agriculture promulgated in Subpart H of Part 1, Subtitle A, Title 7, Code of Federal Regulations, are the Rules of Practice applicable to adjudicatory, administrative proceedings under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq. ). In addition, the Supplemental Rules of Practice set forth in this part shall be applicable to such proceedings. | |||||||
| 9:9:2.0.1.1.3.0.3.32 | 9 | Animals and Animal Products | II | 202 | PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT | § 202.210 Stipulations. | AMS | (a) The Administrator may enter into a stipulation with any person operating subject to the Packers and Stockyards Act, as amended (P&S Act), prior to issuing a complaint that seeks a civil penalty against that person. (1) The Administrator will give the person notice of an alleged violation of the P&S Act or regulations and provide an opportunity for a hearing; (2) The person has the option to expressly waive the opportunity for a hearing and agree to pay a specified civil penalty within a designated time; (3) The Administrator will agree to settle the matter by accepting payment of the specified civil penalty within a designated time; (4) If the person does not agree to the stipulation, or does not pay the penalty within the specified time, the Administrator may issue an administrative complaint citing the alleged violation; and (5) The civil penalty that the Administrator proposed in a stipulation agreement has no bearing on the civil penalty amount that may be sought in a formal administrative proceeding against the same person for the same alleged violation. (b) [Reserved] | |||||||
| 9:9:2.0.1.1.4.0.4.1 | 9 | Animals and Animal Products | II | 203 | PART 203—STATEMENTS OF GENERAL POLICY UNDER THE PACKERS AND STOCKYARDS ACT | § 203.1 [Reserved] | AMS |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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section_number TEXT,
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agency TEXT,
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source_citation TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);