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CHAPTER II-GRAIN INSPECTION, PACKERS
GENERAL BONDING PR VISIONS 201.27 Underwriter; equivalent in lieu of
bonds; standard forms. 201.28 Duplicates of bonds or equivalents to
be filed with Regional Supervisors. MARKET AGENCY, DEALER AND PACKER BONDS 201.29 Market agencies, packers and dealers
required to file and maintain bonds. 201.30 Amount of market agency, dealer and
packer bonds. 201.31 Conditions in market agency, dealer
and packer bonds. 201.32 Trustee in market agency, dealer and
packer bonds. 201.33 Persons damaged may maintain suit;
filing and notification of claims; time
limitations; legal expenses. 201.34 Termination of market agency, deal
er and packer bonds.
SERVICES 201.71 Scales; accurate weights, repairs, ad
justments or replacements after inspec
tion. 201.72 Scales; testing of. 201.73 Scale operators to be qualified. 201.73–1 Instructions for weighing livestock. 201.76 Reweighing. 201.81 Suspended registrants. 201.82 Care and promptness in weighing and handling livestock and live poultry.
INSPECTION OF BRANDS 201.86 Brand inspection: Application for au
thorization, registration and filing of schedules, reciprocal arrangements, and maintenance of identity of consignments.
GENERAL 201.94 Information as to business; fur
nishing of by packers, live poultry dealers, stockyard owners, market agencies,
and dealers. 201.95 Inspection of business records and fa
cilities. 201.96 Unauthorized disclosure of business
information prohibited. 201.97 Annual reports. 201.98 Packers and dealers not to charge,
demand, or collect commission, yardage,
or other service charges. 201.99 Purchase of livestock by packers on a
carcass grade, carcass weight, or carcass grade and weight basis.
PROCEEDS OF SALE 201.39 Payment to be made to consignor or
shipper by market agencies; exceptions. 201.42 Custodial accounts for trust funds.
ACCOUNTS AND RECORDS 201.43 Payment and accounting for live
stock and live poultry. 201.44 Market agencies to render prompt ac
counting for purchases on order. 201.45 Market agencies to make records
available for inspection by owners, consignors, and purchasers.
POULTRY-PACKERS AND LIVE POULTRY
DEALERS 201.100 Records to be furnished poultry 201.200 Sale of livestock to a packer on
growers and sellers. 201.108-1 Instructions for weighing live
credit. AUTHORITY: 7 U.S.C. 222 and 228; 7 CFR 2.22 and 2.81.
$201.1 Meaning of words.
Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. (19 FR 4524, July 22, 1954]
the Act and the regulations in this part.
(i) Stockyard means a livestock market which has received notice under section 302(b) of the Act that it has been determined by the Secretary to come within the definition of "stockyard" under section 302(a) of the Act.
(j) Schedule means a tariff of rates and charges filed by stockyard owners and market agencies.
(k) Custom Feedlot means any facility which is used in its entirety or in part for the purpose of feeding livestock for the accounts of others, but does not include feeding incidental to the sale or transportation of livestock. [46 FR 50510, Oct. 14, 1981)
8 201.3 Authority.
The Administrator shall perform such duties as the Secretary may require in enforcing the provisions of the act and the regulations in this part.
(19 FR 4524, July 22, 1954)
APPLICABILITY OF INDUSTRY RULES
8 201.2 Terms defined.
The definitions of terms contained in the Act shall apply to such terms when used in the Regulations under the Packers and Stockyards Act, 9 CFR part 201; Rules of Practice Governing Proceedings under the Packers and Stockyards Act, 9 CFR part 202; Statements of General Policy under the Packers and Stockyards Act, 9 CFR part 203; and Organization and Functions, 9 CFR part 204. In addition the following terms used in these parts shall be construed to mean:
(a) Act means the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.).
(b) Department means the United States Department of Agriculture.
(c) Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department authorized to act for the Secretary.
(d) Administration or agency means the Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs). (e) Administrator
agency head means the Administrator of the Administration or any person authorized to act for the Administrator.
(f) Regional Supervisor means the regional supervisor of the Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs) for a given area or any person authorized to act for the regional supervisor.
(g) Person means individuals, partnerships, corporations, and associations.
(h) Registrant means any person registered pursuant to the provisions of
8 201.4 Bylaws, rules and regulations,
and requirements of exchanges, associations, or other organizations;
applicability, establishment. (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 respon- Agency, and the bond as required in sibilities, duties, or obligations of such $8 201.27 through 201.34. market agencies to their consignors.
(Approved by the Office of Management and (7 U.S.C. 181 et seq.)
Budget under control number 0580-0015) (19 FR 4524, July 22, 1954, as amended at 44
(7 U.S.C. 203, 204, 207, 217a, 222 and 228) FR 45361, Aug. 2, 1979]
[49 FR 33003, Aug. 20, 1984, as amended at 54
FR 37094, Sept. 7, 1989; 56 FR 2127, Jan. 22, REGISTRATION
1991; 68 FR 75388, Dec. 31, 2003]
$201.10 Requirements and procedures. $201.11 Suspended registrants; offi. (a) Every person operating or desir
cers, agents, and employees. ing to operate as a market agency or Any person whose registration has dealer as defined in section 301 of the been suspended, or any person who was Act shall apply for registration under responsible for or participated in the the Act. To apply for registration, such
violation on which the order of suspenpersons shall file a properly executed sion was based, may not register in his application for registration, on forms
name or in any other manner furnished by the Agency, and the bond
within the period during which the as required in 88 201.27 through 201.34.
order of suspension is in effect, and no
partnership or corporation in which (b) Each application for registration shall be filed with the regional super
any such person has a substantial fi
nancial interest or exercises managevisor for the region in which the appli
ment responsibility or control may be cant proposes to operate. If the Admin
registered during such period. istrator has reason to believe that the applicant is unfit to engage in the ac- (7 U.S.C. 203, 204, 207, 217a and 228) tivity for which application has been
(49 FR 33003, Aug. 20, 1984) made, a proceeding shall be promptly instituted in which the applicant will SCHEDULES OF RATES AND CHARGES be afforded opportunity for full hearing in accordance with the rules of practice
8 201.17 Requirements for filing tariffs. governing such proceedings, for the (a) Schedules of rate changes for stockpurpose of showing cause why the ap- yard services. Each stockyard owner plication for registration should not be and market agency operating at a postdenied. In the event it is determined ed stockyard shall file with the rethat the application should be denied, gional supervisor for the region in the applicant shall not be precluded, as which they operate a signed copy of all soon as conditons warrant, from again
schedules of rates and charges, suppleapplying for registration.
ments and amendments thereto. The (c) Any person regularly employed on
schedules, supplements and amendsalary, or other comparable method of
ments must be conspicuously posted compensation, by a packer to buy live
for public inspection at the stockyard,
and filed with the regional supervisor, stock for such packer shall be subject
at least 10 days before their effective to the registration requirements of the Act and the regulations. Such person
dates, except as provided in paragraphs
(b) and (c) of this section. Each schedshall be registered as a dealer to pur
ule, supplement and amendment shall chase livestock for slaughter.
set forth its effective date, a descrip(d) Every person clearing or desiring
tion of the stockyard services rendered, to clear the buying operations of other the stockyard at which it applies, the registrants shall apply for registration name and address of the stockyard as a market agency providing clearing owner or market agency, the kind of services by filing a properly executed livestock covered by it, and any rules application, on forms furnished by the or regulations which affect any rate or