7 U.S.C. § 228c — Federal preemption of State and local requirements

submitted 105 years ago by Pub. L. 94-410 to r/title-7-AGRICULTURE · 142 words · no verdicts yet

in plain englishAI-generated · not legal advice

States cannot enforce their own bonding or prompt-payment rules against packers who already follow the federal bonding and prompt-payment rules in this law. But states can still enforce non-conflicting payment rules for livestock bought at a covered stockyard. States can also fully enforce their own laws against packers this chapter does not cover.

No state, territory, subdivision, or the District of Columbia can enforce its own bonding rules or prompt-payment rules against a packer that already follows the federal bonding rules in section 204 and the federal prompt-payment rules in section 228b. But this section has two exceptions. First, a state can still enforce a payment requirement for livestock bought by a packer at a stockyard covered by this chapter, as long as that state rule does not conflict with this chapter or its regulations. Second, a state can still fully enforce its own laws or regulations against any packer that is not covered by this chapter or by section 204.

the actual law source: uscode.house.gov ↗public domain

No requirement of any State or territory of the United States, or any subdivision thereof, or the District of Columbia, with respect to bonding of packers or prompt payment by packers for livestock purchases may be enforced upon any packer operating in compliance with the bonding provisions under section 204 of this title, and prompt payment provisions of section 228b of this title, respectively: Provided, That this section shall not preclude a State from enforcing a requirement, with respect to payment for livestock purchased by a packer at a stockyard subject to this chapter, which is not in conflict with this chapter or regulations thereunder: Provided further, That this section shall not preclude a State from enforcing State law or regulations with respect to any packer not subject to this chapter or section 204 of this title.

Source credit: (Aug. 15, 1921, ch. 64, title IV, § 414, formerly § 410, as added Pub. L. 94–410, § 9, Sept. 13, 1976, 90 Stat. 1252; renumbered § 414, Pub. L. 100–173, § 9(1), Nov. 23, 1987, 101 Stat. 919.)

history & why it existsrecord from the source credit

1921Enacted · Pub. L. 94-410 · 90 Stat. 1252
1987Amended · Pub. L. 100-173 · 101 Stat. 919

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-410 on 1921-08-15.

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