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LegalText 7 U.S.C. § 197 Statutory trust established; poultry us united_states_code code_section 7 AGRICULTURE 9 PACKERS AND STOCKYARDS 197 7 U.S.C. § 197 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip /us/usc/t7/s197 data/legal/raw/us/code/title-07/usc07.xml 35423cf124d164a1cc3fff7b6fea3dfa0c3c9839c0bc6198b373212d316fa22c 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 d628e5d7ed0daa82e0bdcc686e0401edff92b63d90c8ca72dcab501abaec8752 2026-07-04 official
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7 U.S.C. § 197 - Statutory trust established; poultry

Text

(a) Protection of public interest from inadequate financing arrangements It is hereby found that a burden on and obstruction to commerce in poultry is caused by financing arrangements under which live poultry dealers encumber, give lenders security interest in, or place liens on, poultry obtained by such persons by purchase in cash sales or by poultry growing arrangements, or on inventories of or receivables or proceeds from such poultry or poultry products therefrom, when payment is not made for the poultry and that such financing arrangements are contrary to the public interest. This section is intended to remedy such burden on and obstruction to commerce in poultry and protect the public interest.

(b) Poultry, inventories, receivables and proceeds held by dealer in trust for benefit of unpaid cash sellers or poultry growers All poultry obtained by a live poultry dealer, by purchase in cash sales or by poultry growing arrangement, and all inventories of, or receivables or proceeds from such poultry or poultry products derived therefrom, shall be held by such live poultry dealer in trust for the benefit of all unpaid cash sellers or poultry growers of such poultry, until full payment has been received by such unpaid cash sellers or poultry growers, unless such live poultry dealer does not have average annual sales of live poultry, or average annual value of live poultry obtained by purchase or by poultry growing arrangement, in excess of $100,000.

(c) Effect of dishonored instruments Payment shall not be considered to have been made if the cash seller or poultry grower receives a payment instrument which is dishonored.

(d) Preservation of trust benefit by seller or poultry grower The unpaid cash seller or poultry grower shall lose the benefit of such trust if, in the event that a payment instrument has not been received, within 30 days of the final date for making payment under section 228b1 of this title, or within 15 business days after the seller or poultry grower has received notice that the payment instrument promptly presented for payment has been dishonored, the seller or poultry grower has not preserved his trust under this section. The trust shall be preserved by giving written notice to the live poultry dealer and by filing such notice with the Secretary.

(e) Definition of cash sale For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer.

(Aug. 15, 1921, ch. 64, title II, § 207, as added Pub. L. 100173, § 4, Nov. 23, 1987, 101 Stat. 918.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100173, set out as an Effective Date of 1987 Amendment note under section 182 of this title.