
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC211]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
            SUBCHAPTER III--STOCKYARDS AND STOCKYARD DEALERS
 
Sec. 211. Order of Secretary as to charges or practices; 
        prescribing rates and practices generally
        
    Whenever after full hearing upon a complaint made as provided in 
section 210 of this title, or after full hearing under an order for 
investigation and hearing made by the Secretary on his own initiative, 
either in extension of any pending complaint or without any complaint 
whatever, the Secretary is of the opinion that any rate, charge, 
regulation, or practice of a stockyard owner or market agency, for or in 
connection with the furnishing of stockyard services, is or will be 
violative of section 205, 206, or 208 of this title, the Secretary--
    (a) May in accordance with the standard set forth in section 206 of 
this title determine and prescribe what will be the rate or charge, or 
rates or charges, to be thereafter in such case observed as the maximum 
or minimum or both to be charged, and what regulation or practice is or 
will be just, reasonable, and nondiscriminatory to be thereafter 
followed: Provided, That the Secretary shall prescribe the rate or 
charge, or rates or charges, on a percentage or per head basis at the 
election of the stockyard owner or market agency, or on any other basis 
elected by the stockyard owner or market agency unless the Secretary 
finds such other basis to be violative of section 206 of this title; and
    (b) May make an order that such owner or operator (1) shall cease 
and desist from such violation to the extent to which the Secretary 
finds that it does or will exist; (2) shall not thereafter publish, 
demand, or collect any rate or charge for the furnishing of stockyard 
services other than the rate or charge or rates or charges so 
prescribed; and (3) shall conform to and observe the regulation or 
practice so prescribed.

(Aug. 15, 1921, ch. 64, title III, Sec. 310, 42 Stat. 166; Aug. 10, 
1939, ch. 663, 53 Stat. 1351; Pub. L. 95-409, Sec. 1(b), Oct. 2, 1978, 
92 Stat. 886.)


                               Amendments

    1978--Pub. L. 95-409, Sec. 1(b)(1), in provision preceding subsec. 
(a), substituted ``violative of section 205, 206 or 208 of this title'' 
for ``unjust, unreasonable, or discriminatory''.
    Subsec. (a). Pub. L. 95-409, Sec. 1(b)(2), substituted ``May in 
accordance with the standard set forth in section 206 of this title 
determine and prescribe what will be the rate'' for ``May determine and 
prescribe what will be the just and reasonable rate'', and ``as the 
maximum or minimum or both'' for ``as both the maximum and minimum'', 
and inserted proviso relating to prescription by the Secretary of rates 
or charges on a percentage or per head basis at the election of the 
owner or agency or any other basis unless violative of section 206 of 
this title.
    Subsec. (b). Pub. L. 95-409, Sec. 1(b)(3), substituted ``other than 
the rate or charge or rates or charges'' for ``more or less than the 
rate or charge''.
    1939--Subsec. (a). Act Aug. 10, 1939, substituted ``as both'' for 
``or the''.
    Subsec. (b)(2). Act Aug. 10, 1939, substituted ``more or less than 
the rate or charge so prescribed'' for ``other than the rate or charge 
so prescribed, or in excess of the maximum or less than the minimum so 
prescribed, as the case may be''.

                  Section Referred to in Other Sections

    This section is referred to in section 215 of this title.
