§ 213. — Prevention of unfair, discriminatory, or deceptive practices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC213]
TITLE 7--AGRICULTURE
CHAPTER 9--PACKERS AND STOCKYARDS
SUBCHAPTER III--STOCKYARDS AND STOCKYARD DEALERS
Sec. 213. Prevention of unfair, discriminatory, or deceptive
practices
(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)
of this section, 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.
(Aug. 15, 1921, ch. 64, title III, Sec. 312, 42 Stat. 167; Pub. L. 85-
909, Sec. 2(5), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90-446, Sec. 1(e),
July 31, 1968, 82 Stat. 475; Pub. L. 94-410, Sec. 3, Sept. 13, 1976, 90
Stat. 1249.)
Amendments
1976--Subsec. (a). Pub. L. 94-410, Sec. 3(a), (c), struck out ``in
commerce'' after ``or handling'' and substituted ``livestock'' for
``live stock''.
Subsec. (b). Pub. L. 94-410, Sec. 3(b), inserted provisions dealing
with authority of Secretary to assess a civil penalty for violations
and, upon failure to pay, procedure for recovery of such penalty.
1968--Subsec. (a). Pub. L. 90-446 inserted ``determining whether
persons should be authorized to operate at stockyards, or with'' after
``in connection with''.
1958--Subsec. (a). Pub. L. 85-909 struck out ``at a stockyard''
after ``in commerce''.
Section Referred to in Other Sections
This section is referred to in section 215 of this title.
