§ 212. — Prescribing rates and practices to prevent discrimination between intrastate and interstate commerce.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC212]
TITLE 7--AGRICULTURE
CHAPTER 9--PACKERS AND STOCKYARDS
SUBCHAPTER III--STOCKYARDS AND STOCKYARD DEALERS
Sec. 212. Prescribing rates and practices to prevent
discrimination between intrastate and interstate commerce
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.
(Aug. 15, 1921, ch. 64, title III, Sec. 311, 42 Stat. 167; Pub. L. 85-
909, Sec. 2(4), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 94-410, Sec. 3(c),
Sept. 13, 1976, 90 Stat. 1249.)
Amendments
1976--Pub. L. 94-410 substituted ``livestock'' for ``live stock''
wherever appearing.
1958--Pub. L. 85-909 substituted ``stockyard owner, market agency,
or dealer'' for ``stockyard owner or market agency'' wherever occurring,
and ``stockyard owners, market agencies, or dealers'' for ``stockyard
owners or market agencies''.
Section Referred to in Other Sections
This section is referred to in section 215 of this title.
