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CHAPTER 11-GRAIN INSPECTION, PACKERS
AND STOCKYARDS ADMINISTRATION (PACKERS AND STOCKYARDS PROGRAMS),
DEPARTMENT OF AGRICULTURE
Part 200 201 202
Packers and Stockyards Act
and Stockyards Act .....
EDITORIAL NOTE: Nomenclature changes to Chapter I appear at 60 FR 8465, Feb. 14, 1995.
evidencing weighing of livestock and live poultry.
PART 201-REGULATIONS UNDER
THE PACKERS AND STOCKYARDS
Sec. 201.1 Meaning of words. 201.2 Terms defined.
TRADE PRACTICES 201.53 Persons subject to the Act not to cir
culate misleading reports about market
conditions or prices. 201.55 Purchases, sales, acquisitions, and
settlements to be made on actual
weights. 201.56 Market agencies selling on commis
sion; purchases from consignment. 201.61 Market agencies selling or purchasing
livestock on commission; relationships
with dealers. 201.67 Packers not to own or finance selling
agencies. 201.69 Furnishing information to competi
tor buyers. 201.70 Restriction or limitation of competi
tion between packers and dealers prohibited.
APPLICABILITY OF INDUSTRY RULES 201.4 Bylaws, rules and regulations, and re
quirements of exchanges, associations, or other organizations; applicability, establishment.
REGISTRATION 201.10 Requirements and procedures. 201.11 Suspended registrants; officers,
agents, and employees.
SCHEDULES OF RATES AND CHARGES 201.17 Requirements for filing tariffs.
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.
GENERAL BONDING PROVISIONS 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.
INSPECTION OF BRANDS 201.86 Brand inspection: Application for au
thorization, registration and filing of schedules, reciprocal arrangements, and maintenance of identity of consignments.
PROCEEDS OF SALE
GENERAL 201.94 Information as to business; furnish
ing 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.
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
POULTRY-PACKERS AND LIVE POULTRY
DEALERS 201.100 Records to be furnished poultry
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.
growers and sellers.
201.108–1 Instructions for weighing live
poultry. 201.200 Sale of livestock to a packer on
credit. AUTHORITY: 7 U.S.C. 204, 228, 7 CFR 2.17(e), 2.56.
8 201.1 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.
(1) 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
g 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 or 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, 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.
(7 U.S.C. 181 et seq.) (19 FR 4524, July 22, 1954, as amended at 44 FR 45361, Aug. 2, 1979)
g 201.11 Suspended registrants; offli
cers, agents, and employees. 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. (7 U.S.C. 203, 204, 207, 217a and 228) [49 FR 33003, Aug. 20, 1984)
SCHEDULES OF RATES AND CHARGES
$201.10 Requirements and procedures.
(a) Every person operating or desiring to operate as a market agency or dealer as defined in section 301 of the Act shall apply for registration under the Act. To apply for registration, such persons shall file a properly executed application for registration, on forms furnished by the Agency, and the bond as required in $S 201.27 through 201.34.
(b) Each application for registration shall be filed with the regional supervisor for the region in which the applicant proposes to operate. If the Administrator has reason to believe that the applicant is unfit to engage in the activity for which application has been made, a proceeding shall be promptly instituted in which the applicant will be afforded opportunity for full hearing in accordance with the rules of practice governing such proceedings, for the purpose of showing cause why the application for registration should not be denied. In the event it is determined that the application should be denied, the applicant shall not be precluded, as soon as conditons warrant, from again applying for registration.
(c) Any person regularly employed on salary, or other comparable method of compensation, by a packer to buy livestock for such packer shall be subject to the registration requirements of the Act and the regulations. Such person shall be registered as a dealer to purchase livestock for slaughter.
(d) Every person clearing or desiring to clear the buying operations of other registrants shall apply for registration as a market agency providing clearing services by filing a properly executed application, on forms furnished by the Agency, and the bond as required in 88 201.27 through 201.34. (Approved by the Office of Management and Budget under control number 0590-0001)
g 201.17 Requirements for filing tariffs.
(a) Schedules of rate changes for stockyard services. Each stockyard owner and market agency operating at a posted stockyard shall file with the regional supervisor 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 supervisor, 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 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
(7 U.S.C. 203, 204, 207, 217a, 222 and 228) (49 FR 33003, Aug. 20, 1984, as amended at 54 FR 37094, Sept. 7, 1989; 56 FR 2127, Jan. 22, 1991)