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7 U.S.C. § 213Prevention of unfair, discriminatory, or deceptive practices

submitted 105 years ago by ch. 64 to r/title-7-AGRICULTURE · 251 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans unfair or deceptive practices by stockyard businesses. It's illegal for stockyard owners, market agencies, or dealers to use unfair or deceptive practices. After a hearing, the Secretary can order violators to stop and fine them up to $10,000 per violation.

(a) It is unlawful for a stockyard owner, market agency, or dealer to use any unfair, unjustly discriminatory, or deceptive practice or device. This covers deciding whether people may operate at the stockyards, as well as receiving, marketing, buying, or selling livestock on a commission basis or otherwise, and feeding, watering, holding, delivering, shipping, weighing, or handling livestock. (b) If someone complains to the Secretary, or the Secretary otherwise has reason to believe a stockyard owner, market agency, or dealer is violating subsection (a), the Secretary — after giving notice and a full hearing — may order that party to cease and desist, to the extent the Secretary finds the violation exists or will exist. The Secretary may also assess a civil penalty of up to $10,000 for each such violation. In deciding the penalty amount, the Secretary must consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the business's ability to keep operating. If, after the appeal period runs out (or after the penalty is upheld on appeal), the person against whom the penalty was assessed fails to pay, the Secretary may refer the matter to the Attorney General, who may recover the penalty through a lawsuit in the appropriate U.S. district court.
the actual law source: uscode.house.gov ↗public domain
(a)

It shall be unlawful for any stockyard owner, market agency, or dealer to engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in connection with determining whether persons should be authorized to operate at the stockyards, or with the receiving, marketing, buying, or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing, or handling of livestock.

(b)

Whenever complaint is made to the Secretary by any person, or whenever the Secretary has reason to believe, that any stockyard owner, market agency, or dealer is violating the provisions of subsection (a), the Secretary after notice and full hearing may make an order that he shall cease and desist from continuing such violation to the extent that the Secretary finds that it does or will exist. The Secretary may also assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.

Source credit: (Aug. 15, 1921, ch. 64, title III, § 312, 42 Stat. 167; Pub. L. 85–909, § 2(5), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90–446, § 1(e), July 31, 1968, 82 Stat. 475; Pub. L. 94–410, § 3, 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
  • 1968Amended · Pub. L. 90-446 · 82 Stat. 475
  • 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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