7 U.S.C. § 211 — Order of Secretary as to charges or practices; prescribing rates and practices generally
submitted 105 years ago by ch. 64 to r/title-7-AGRICULTURE · 295 words · no verdicts yet
This law lets the Secretary of Agriculture set fair stockyard rates after a hearing. If a hearing shows a stockyard owner's rate or practice breaks other stockyard laws, the Secretary can set new maximum or minimum rates, or fix the unfair practice. The Secretary can also order the owner to stop the violation and follow the new rate or rule.
This section applies after a full hearing — either on a complaint filed under section 210 of this title, or one the Secretary* starts on their own, either as an extension of a pending complaint or without any complaint at all — if the Secretary decides that a stockyard* owner's or market agency's rate, charge, regulation, or practice for stockyard services* violates section 205, 206, or 208 of this title.
(a) The Secretary can set, following the standard in section 206, what the rate or charge should be going forward — as a maximum, a minimum, or both — and can decide what regulation or practice would be just, reasonable, and non-discriminatory. The Secretary must let the stockyard owner* or market agency* choose whether the rate is set on a percentage basis, a per-head basis, or another basis they pick, unless the Secretary finds that other basis also violates section 206.
(b) The Secretary can also order the owner or operator to: (1) stop the violation, to the extent the Secretary found it exists or will happen; (2) stop publishing, demanding, or collecting any rate other than the one the Secretary just prescribed; and (3) conform to and follow the regulation or practice the Secretary prescribed.
Whenever after full hearing upon a complaint made as provided in section 210 of this title, or after full hearing under an order for investigation and hearing made by the Secretary* on his own initiative, either in extension of any pending complaint or without any complaint whatever, the Secretary is of the opinion that any rate, charge, regulation, or practice of a stockyard owner* or market agency*, for or in connection with the furnishing of stockyard services*, is or will be violative of section 205, 206, or 208 of this title, the Secretary—
May in accordance with the standard set forth in section 206 of this title determine and prescribe what will be the rate or charge, or rates or charges, to be thereafter in such case observed as the maximum or minimum or both to be charged, and what regulation or practice is or will be just, reasonable, and nondiscriminatory to be thereafter followed: Provided, That the Secretary shall prescribe the rate or charge, or rates or charges, on a percentage or per head basis at the election of the stockyard* owner or market agency, or on any other basis elected by the stockyard owner or market agency unless the Secretary finds such other basis to be violative of section 206 of this title; and
May make an order that such owner or operator (1) shall cease and desist from such violation to the extent to which the Secretary finds that it does or will exist; (2) shall not thereafter publish, demand, or collect any rate or charge for the furnishing of stockyard services other than the rate or charge or rates or charges so prescribed; and (3) shall conform to and observe the regulation or practice so prescribed.
Source credit: (Aug. 15, 1921, ch. 64, title III, § 310, 42 Stat. 166; Aug. 10, 1939, ch. 663, 53 Stat. 1351; Pub. L. 95–409, § 1(b), Oct. 2, 1978, 92 Stat. 886.)
- 1921Enacted · Act of Aug. 15, 1921, ch. 64 · 42 Stat. 166
- 1939Amended · Act of Aug. 10, 1939, ch. 663 · 53 Stat. 1351
- 1978Amended · Pub. L. 95-409 · 92 Stat. 886
A history note hasn’t been published yet. The record shows enactment by ch. 64 on 1921-08-15.
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