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7 U.S.C. § 212Prescribing rates and practices to prevent discrimination between intrastate and interstate commerce

submitted 105 years ago by ch. 64 to r/title-7-AGRICULTURE · 212 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary fix stockyard rates or practices that unfairly disadvantage interstate commerce in livestock. It applies after an investigation and a full hearing find such unfair treatment. Stockyard owners, market agencies, and dealers involved must then follow those rates, even under contrary state law.

This section is a single, undivided rule with no lettered subsections. It applies when the Secretary investigates practices under this subchapter — either through the Secretary's own inquiry, or through an investigation started because a stockyard owner, market agency, or dealer filed a petition asking for one. After a full hearing, if the Secretary finds that a stockyard owner's, market agency's, or dealer's rate, charge, regulation, or practice — covering things like buying, selling on commission or otherwise, receiving, marketing, feeding, holding, delivering, shipping, weighing, or handling livestock not in commerce — causes an undue or unreasonable advantage, prejudice, or preference between persons or places in intrastate livestock commerce versus interstate or foreign livestock commerce, or causes any undue, unjust, or unreasonable discrimination against interstate or foreign livestock commerce, the law declares that forbidden and unlawful. When the Secretary makes that finding, the Secretary must prescribe the rate, charge, regulation, or practice to be followed afterward, set in whatever way the Secretary judges will remove the advantage, preference, or discrimination. Once prescribed, those rates, charges, regulations, or practices must be followed by the stockyard owners, market agencies, or dealers who were parties to the proceeding and affected by it — regardless of what any state law, or a state authority's decision or order, says to the contrary.
the actual law source: uscode.house.gov ↗public domain

Whenever in any investigation under the provisions of this subchapter, or in any investigation instituted by petition of the stockyard owner, market agency, or dealer concerned, which petition is authorized to be filed, the Secretary after full hearing finds that any rate, charge, regulation, or practice of any stockyard owner, market agency, or dealer, for or in connection with the buying or selling on a commission basis or otherwise, receiving, marketing, feeding, holding, delivery, shipment, weighing, or handling, not in commerce, of livestock, causes any undue or unreasonable advantage, prejudice, or preference as between persons or localities in intrastate commerce in livestock on the one hand and interstate or foreign commerce in livestock on the other hand, or any undue, unjust, or unreasonable discrimination against interstate or foreign commerce in livestock, which is hereby forbidden and declared to be unlawful, the Secretary shall prescribe the rate, charge, regulation, or practice thereafter to be observed, in such manner as, in his judgment, will remove such advantage, preference, or discrimination. Such rates, charges, regulations, or practices shall be observed while in effect by the stockyard owners, market agencies, or dealers parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding.

Source credit: (Aug. 15, 1921, ch. 64, title III, § 311, 42 Stat. 167; Pub. L. 85–909, § 2(4), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249.)

history & why it existsrecord from the source credit
  • 1921Enacted · Act of Aug. 15, 1921, ch. 64 · 42 Stat. 167
  • 1958Amended · Pub. L. 85-909 · 72 Stat. 1750
  • 1976Amended · Pub. L. 94-410 · 90 Stat. 1249

A history note hasn’t been published yet. The record shows enactment by ch. 64 on 1921-08-15.

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