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2026-07-06 09:52:37 -04:00

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LegalText 7 U.S.C. § 211 Order of Secretary as to charges or practices; prescribing rates and practices generally us united_states_code code_section 7 AGRICULTURE 9 PACKERS AND STOCKYARDS 211 7 U.S.C. § 211 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/s211 data/legal/raw/us/code/title-07/usc07.xml 028865d3ed5d2c9504dc5c3fbe921a558047b301b3512cbe2489c45b7f03e144 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 074e1248a6d56dbb86751896b781522683d8155e34e6d72a72025a898f98eb5a 2026-07-04 official
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7 U.S.C. § 211 - Order of Secretary as to charges or practices; prescribing rates and practices generally

Text

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, § 310, 42 Stat. 166; Aug. 10, 1939, ch. 663, 53 Stat. 1351; Pub. L. 95409, § 1(b), Oct. 2, 1978, 92 Stat. 886.)

Notes

Editorial Notes

Amendments1978—Pub. L. 95409, § 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. 95409, § 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. 95409, § 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”.