Title 9--ANIMALS AND ANIMAL PRODUCTS
Chapter II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION


[Code of Federal Regulations] [Title 9, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 9CFR201.1] [Page 6] TITLE 9--ANIMALS AND ANIMAL PRODUCTS CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION (PACKERS AND STOCKYARDS PROGRAMS),DEPARTMENT OF AGRICULTURE PART 201_REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT--Table of Contents Sec. 201.1 Meaning of words. Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. [19 FR 4524, July 22, 1954] ...


the Act shall apply to such terms when used in the Regulations under the Packers and Stockyards Act, 9 CFR part 201; Rules of Practice Governing Proceedings under the...


as the Secretary may require in enforcing the provisions of the act and the regulations in this part. [19 FR 4524, July 22, 1954] ...


or other organizations; applicability, establishment. (a) The regulations in this part shall not prevent the legitimate application or enforcement of...


or desiring to operate as a market agency or dealer as defined in section 301 of the Act shall apply for registration under the Act. To apply for registration, such...


Any person whose registration has been suspended, or any person who was responsible for or participated in the violation on which the order of suspension was based, may...


rate changes for stockyard services. Each stockyard owner and market agency operating at a posted stockyard shall file with the regional supervisor for the region in which...


(a) The surety on bonds maintained under the regulations in this part shall be a surety company which is currently approved by the United States Treasury Department for...


Fully executed duplicates of bonds, trust fund agreements, and trust agreements maintained under the regulations in this part, and fully...


bonds. (a) Every market agency, packer, and dealer, except as provided in paragraph (d) of this section, and except packer buyers registered as dealers...


(a) Market agency selling livestock on commission. To compute the required amount of bond coverage, divide the dollar value of livestock sold during the preceding business year,...


Each market agency, dealer and packer bond shall contain conditions applicable to the activity or activities in which the person or persons named as principal or clearees in...


Bonds may be in favor of a trustee who shall be a financially responsible, disinterested person satisfactory to the Administrator. State officials, secretaries or other officers...


claims; time limitations; legal expenses. Each bond and each bond equivalent filed pursuant to the regulations in this part shall contain provisions that: ...


(a) Each bond shall contain a provision requiring that, prior to terminating such bond, at least 30 days notice in writing shall be given to the Administrator, Grain...


exceptions. (a) No market agency shall, except as provided in paragraph (b) of this section, pay the net proceeds or any part thereof, arising from the sale...


livestock are trust funds. Each payment that a livestock buyer makes to a market agency selling on commission is a trust fund. Funds deposited in custodial accounts are also...


(a) Market agencies to make prompt accounting and transmittal of net proceeds. Each market agency shall, before the close of the next business day following the sale of...


order. Each market agency shall, promptly following the purchase of livestock on [[Page 15]] a commission or agency basis, transmit or deliver to...


owners, consignors, and purchasers. Each market agency engaged in the business of selling or buying livestock on a commission or agency basis shall, on request from...


livestock, live poultry, and feed. (a) Livestock. When livestock is weighed for the purpose of purchase or sale, a scale ticket shall be issued which shall be...


market conditions or prices. No packer, live poultry dealer, stockyard owner, market agency, or dealer shall knowingly make, issue, or circulate any false...


be made on actual weights. (a) Except as provided in paragraph (b) of this section, whenever livestock or live poultry is bought, sold, acquired, paid, or settled...


(a) Livestock to be sold openly at highest available bid. Every market agency engaged in the business of selling livestock on a commission or agency basis...


with dealers. (a) Market agencies selling on commission. No market agency selling consigned livestock shall enter into any agreement, relationship...


No packer subject to the Act shall have an ownership interest in, finance, or participate in the management or operation of a market agency...


No packer, dealer, or market agency, in connection with transactions subject to the provisions of the act, shall, in person, or through employed buyers, for the purpose of restricting...


dealers prohibited. Each packer and dealer engaged in purchasing livestock, in person or through employed buyers, shall conduct his buying operations in...


inspection. (a) All scales used by stockyard owners, market agencies, dealers, packers, and live poultry dealers to weigh livestock, livestock...


agency, dealer, packer, or live poultry dealer who weighs livestock, live poultry, or feed for purposes of purchase, sale, acquisition, payment, or settlement of livestock...


market agencies, dealers, packers, and live poultry dealers shall employ qualified persons to operate scales for weighing livestock, livestock carcasses, live poultry, or feed...


Stockyard operators, market agencies, dealers, and packers who operate scales on which livestock is weighed in purchase or sales transactions are responsible for the accurate weighing...


packers and live poultry dealers shall reweigh livestock, livestock carcasses or live poultry on request of any authorized representative of the Secretary. [54...


market agency, or dealer shall employ any person who has been suspended as a registrant to perform activities in connection with livestock transactions subject to...


poultry. (a) Each stockyard owner, market agency, dealer, packer and live poultry dealer shall exercise reasonable care and promptness with respect to...


filing of schedules, reciprocal arrangements, and maintenance of identity of consignments. (a) Application for authorization. Any department or agency...


poultry dealers, stockyard owners, market agencies, and dealers. Each packer, live poultry dealer, stockyard owner, market agency, and dealer, upon proper request,...


Each stockyard owner, market agency, dealer, packer, and live poultry dealer, upon proper request, shall permit authorized representatives of the Secretary to enter its place...


No agent or employee of the United States shall, without the consent of the stockyard owner, market agency, dealer, packer or live poultry dealer concerned, divulge or...


stockyard owner, market agency, and dealer (except a packer buyer registered to purchase livestock for slaughter only) shall file annually with the Administration a report...


or other service charges. No packer or dealer shall, in connection with the purchase of livestock in commerce, charge, demand, or collect from the seller...


weight, or carcass grade and weight basis. (a) Each packer purchasing livestock on a carcass grade, carcass weight, or carcass grade and weight basis shall, prior...


(a) Contracts; contents. Each live poultry dealer who enters into a growout (feeding) contract with a poultry grower shall furnish the grower a true written copy of...


Live poultry dealers who operate scales on which live poultry is weighed for purposes of purchase, sale, acquisition, or settlement are responsible for the accurate weighing of...


No packer whose average annual purchases of livestock exceed $500,000 shall purchase livestock on credit, and no dealer or market agency acting as an agent for such a packer...


The Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes, 7 CFR part 1, subpart H, are applicable to all...


As used in these rules: (a) Rate proceeding means a proceeding involving the determination and prescription of any rate or charge made or proposed to be made for any...


(a) Informal complaint. Any interested person desiring to complain of the lawfulness of any rate or charge made or proposed to be made for any stockyard service...


[Code of Federal Regulations] [Title 9, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 9CFR202.4] [Page 31] TITLE 9--ANIMALS AND ANIMAL PRODUCTS CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION (PACKERS AND STOCKYARDS PROGRAMS),DEPARTMENT OF AGRICULTURE PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT--Table of Contents Sec. 202.4 Answer and reply. Respondent is not required to file an answer. If an answer is filed, complainant is not required to file a reply. ...


will be oral unless all parties waive oral hearing. It will be written if not oral. Notice of the date, time and place of oral hearing, or of the date and place for filing...


The proceeding may be instituted by filing of the informal complaint as a formal complaint, and the Administrator may take no position on the merits of...


final order. (a) Informal petition. Any interested person may file an informal petition to modify or vacate a final order at any time. Any such petition must be filed...


[Code of Federal Regulations] [Title 9, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 9CFR202.101] [Page 31] TITLE 9--ANIMALS AND ANIMAL PRODUCTS CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION (PACKERS AND STOCKYARDS PROGRAMS),DEPARTMENT OF AGRICULTURE PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT--Table of Contents Sec. 202.101 Rule 1: Meaning of words. In these rules, words in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. ...


Terms defined in the Act shall mean the same in these rules as in the Act. In addition, and except as may be provided otherwise in these rules: Act means the...


reparation proceeding. (a) Filing. A reparation proceeding is begun by filing a complaint. Any interested person (including any agency of a state or territory...


(a) Informal disposition. If there appears to be any reasonable ground for doing so, the Agency Head shall investigate the matter complained of. If the Agency...


filing; service. (a) Filing; number of copies. Prior to docketing of a proceeding under these rules, all documents and papers other than the initial complaint, filed...


(a) Filing and service. Within 20 days after service on a respondent, of a complaint or amendment of a complaint, such person shall file an answer in writing, signed by...


(a) Filing and service. If the answer asserts a counterclaim or a setoff, the complainant may file a reply in writing within 20 days after service of the answer on such person....


Promptly following receipt of the answer, or the reply (if the answer asserts a counterclaim or a setoff), or following the expiration of the period of...


(a) Application. Any party may file an application for an order for the taking of testimony by deposition, at any time after docketing of a proceeding and before the...


(a) The presiding officer, at any time prior to the commencement of the hearing, may request the parties or their counsel to appear at a conference before...


written. (a) When held. A hearing, oral or written, shall be held unless: (1) Each respondent admits or is deemed to admit sufficient allegations of the complaint...


(a) Time, place, and manner. (1) If and when the proceeding has reached the stage where an oral hearing is to be held, the presiding officer shall set a time, place,...


(a) Evidence. As used in this section, the term ``evidence'' shall mean depositions, affidavits, or statements under penalty of perjury as provided in 28 U.S.C....


(a) Oral hearing. Any party present or represented at an oral hearing, desiring to file any written argument or brief, proposed findings of fact, conclusions,...


consideration. (a) Report. The presiding officer, with the assistance and collaboration of such employees of the Department as may be assigned for the purpose,...


order. (a) As soon as practicable after the receipt of the record and report from the hearing clerk, the judicial officer, on the basis of and after due consideration of...


a hearing; to rehear or reargue a proceeding; to reconsider an order; or to set aside a default order. (a) Filing of petition--(1) To reopen a hearing. Any party...


(a) Powers. Subject to review as provided elsewhere in these rules, the presiding officer assigned to any proceeding shall have power to: (1) Set the time, place,...


Witnesses subpoenaed before the presiding officer, and witnesses whose depositions are taken, shall be entitled to the same fees and mileage as are paid for...


Official notice shall be taken of such matters as are judicially noticed by the courts of the United States and of any other matter of technical or scientific fact...


At any time after docketing of a proceeding and before commencement of a hearing, oral or written, therein, the presiding officer may, upon petition, and for good...


(a) At no stage of the proceeding between its docketing and the issuance of the final decision shall the presiding officer or judicial officer discuss ex parte...


The Secretary may act in the place and stead of a presiding officer or the judicial officer in any proceeding hereunder, or any matter in...


the giving by meat packers of meat and other gifts to Government employees. (a) In recent months, the Department has received information, confirmed by...


records by packers, live poultry dealers, stockyard owners, market agencies and dealers. (a) Records to be kept. Section 401 of the Packers and Stockyards...


paying the expenses of livestock buyers. It has become a practice in certain areas of the country for market agencies, engaged in the business of selling...


and purchase contracts. (a) The Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs) receives numerous...


of current assets and current liabilities. (a) Under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.), the principal...


and facilities at stockyards on a reasonable and nondiscriminatory basis. (a) Section 304 of the Packers and Stockyards Act (7 U.S.C. 205) provides that:...


and other merchandising payments and services. The Guidelines 1. Who is a customer? (a) A customer is a person who buys...


207 of the Act. (a) Within the times specified under sections 206(b) and 207(d) of the Act, any livestock seller, live poultry seller or grower, to preserve his interest...


purchased for slaughter, for cash and not on credit. (a) The Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)...


rates and charges at posted stockyards. (a) Requests have been received from stockyard operators, market agencies, and livestock producers urging a reduction of...


in the business of custom feeding livestock. (a) In its administration of the Packers and Stockyards Act, the Grain Inspection, Packers and...


in the business of livestock dealers or buying agencies. (a) In its administration of the Packers and Stockyards Act, the Grain Inspection, Packers and...


and Stockyards Programs) hereby describes its central and field organization; indicates the established places at which, and methods whereby, the public may...


and Stockyards Programs) consists of a headquarters office located in the South Building of the U.S. Department of Agriculture in Washington, DC, and 12...


the Administrator, the Deputy Administrator is hereby delegated authority to perform all the duties and exercise all the functions and powers which are now or which...


copying of the indexes and materials required to be made available under 7 CFR 1.2(a) will be provided by the Grain Inspection, Packers and Stockyards Administration (Packers...


and Stockyards Administration (Packers and Stockyards Programs) will maintain and make available for public inspection and copying current indexes of all...


be made in accordance with 7 CFR 1.3(a). Authority to make determinations regarding initial requests in accordance with 7 CFR 1.4(c) is delegated to the Freedom...


denied shall have [[Page 64]] the right to appeal such denial in accordance with 7 CFR 1.3(e). Appeals shall be addressed to the Administrator, Grain...


the Food Security Act of 1985, Pub. L. 99-198, 99 Stat. 1535, 7 U.S.C. 1631, shall mean the same in this part as therein. In addition, except as otherwise specified, as used...


(a) To obtain certification of a system, a written request for certification must be filed together with such documents as show that the system complies with the Section. If...


on EFS and master list--format. On an EFS, and on a master list, the name of the person subjecting a farm product to a security interest must appear...


necessary on an EFS is as follows: (1) Crop year unless every crop of the farm product in question, for the duration of the EFS, is to be subject to the...


information. (a) The minimum information necessary on a registration of a buyer, commission merchant, or selling agent is as follows: (1)...


(a) The master list must contain all the information on all the EFS's filed in the system, so arranged that it is possible to deliver to any...


which the master list must be organized as required by subsection (c)(2), and which must be identified on an EFS as required by subsection (c)(4)(D)(iv), must be...


which subsection (c)(2)(C)(ii)(IV) requires the master list to be arranged ``within each such product,'' must be: (1) For a crop grown in soil, the calendar year in which...


be the Secretary of State of a State, or any designee of the State pursuant to its laws. Note that the provision in subsection (c)(2) for a system refers to operation by the...


(a) An EFS under subsection (c)(4) need not be the same as a financing statement or security agreement under the Uniform Commercial Code (or equivalent document under...


EFS is wherever State law requires, which need not be with the system operator so long as the system operator receives the information needed for the master list, including...


is filed somewhere other than with the system operator, and if notice of it is filed with the system operator, such notice could be electronic filing, telephoned information, or...


for a fee for filing an EFS. The fee can be set in any manner provided by the law of the State in which such EFS is filed. The basis for this is that (c)(4)(H)...


be organized by farm product as required by subsection (c)(2), and the farm product must be identified on an EFS as required by subsection (c)(4)(D)(iv). The following is a list...


(a) The ``amount'' of farm products and ``reasonable description of the property including county or parish,'' [[Page 69]] on an EFS and on...


non-registrants on request. (a) The provisions in the Section regarding registration of ``buyers of farm products, commission merchants, and...


(a) The ``material change,'' required by subsection (c)(4)(E) to be reflected in an amendment to an EFS and master list entry, is whatever change would render the master list entry...


(a) A question arises whether, if an EFS is filed in one State, a notice of it can be filed in another State and shown on the master list for the second State. There is nothing...


(a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the ``farm products'' exception in Section 9-307(1) thereof, and interpreting the terms...


interest.'' The terms ``buyer in ordinary course of business'' and ``security interest'' are defined in subsections (c) (1) and (7). There are...


(a) A debt need not exist at the time of filing of an EFS. The basis for this is that subsection (c)(4) does not require the EFS, and subsection (c)(2)(C) does...


with the Section. (a) The requirements for a system in subsection (c) are written as the definition of the term ``central filing system,'' so that failure...


this part. The definitions in this section do not apply to other regulations issued under the Packers and Stockyards Act (P&S Act) or to the P&S Act as a whole. ...


packer, as defined in Sec. 206.1, must provide information for each swine processing plant that it operates or at which it has swine slaughtered that has the...


defined in Sec. 206.1, must provide information for each swine processing plant that it operates or at which it has swine slaughtered that has the slaughtering capacity...




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