§ 217a. — Fees for inspection of brands or marks.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC217a]
TITLE 7--AGRICULTURE
CHAPTER 9--PACKERS AND STOCKYARDS
SUBCHAPTER III--STOCKYARDS AND STOCKYARD DEALERS
Sec. 217a. Fees for inspection of brands or marks
(a) Authorization by Secretary; registration as market agency
The Secretary may, upon written application made to him, and if he
deems it necessary, authorize the charging and collection, at any
stockyard subject to the provisions of this chapter, by any department
or agency of any State in which branding or marking or both branding and
marking livestock as a means of establishing ownership prevails by
custom or statute, or by a duly organized livestock association of any
such State, of a reasonable and nondiscriminatory fee for the inspection
of brands, marks, and other identifying characteristics of livestock
originating in or shipped from such State, for the purpose of
determining the ownership of such livestock. No charge shall be made
under any such authorization until the authorized department, agency, or
association has registered as a market agency. No more than one such
authorization shall be issued with respect to such inspection of
livestock originating in or shipped from any one State. If more than one
such application is filed with respect to such inspection of livestock
originating in or shipped from any one State, the Secretary shall issue
such authorization to the applicant deemed by him best qualified to
perform the proposed service, on the basis of (1) experience, (2)
financial responsibility, (3) extent and efficiency of organization, (4)
possession of necessary records, and (5) any other factor relating to
the ability of the applicant to perform the proposed service. The
Secretary may receive and consider the recommendations of the
commissioner, secretary, or director of agriculture, or other
appropriate officer or agency of a State as to the qualifications of any
applicant in such State. The decision of the Secretary as to the
applicant best qualified shall be final.
(b) Applicability of section
The provisions of this subchapter, relating to the filing,
publication, approval, modification, and suspension of any rate or
charge for any stockyard service shall apply with respect to charges
authorized to be made under this section.
(c) Collection and payment of charges
Charges authorized to be made under this section shall be collected
by the market agency or other person receiving and disbursing the funds
received from the sale of livestock with respect to the inspection of
which such charge is made, and paid by it to the department, agency, or
association performing such service.
(d) Revocation of authorization or registration
The Secretary may, if he deems it to be in the public interest,
suspend, and after hearing, revoke any authorization and registration
issued under the provisions of this section or any similar authorization
and registration issued under any other provision of law. The order of
the Secretary suspending or revoking any such authorization and
registration shall not be subject to review.
(Aug. 15, 1921, ch. 64, title III, Sec. 317, as added June 19, 1942, ch.
421, 56 Stat. 372.)
Prior Provisions
Former provisions relating to fees for inspection of brands
appearing upon livestock were contained in section 231 of this title.
Administrative Orders Review Act
Court of appeals exclusive jurisdiction respecting final orders of
Secretary of Agriculture under this chapter, except orders issued under
section 210(e) of this title and this section, see section 2342 of Title
28, Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in title 28 section 2342.
