
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: 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.
