
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
