7-U.S.C.-213
§213 – Prevention of Unfair, Discriminatory, Or Deceptive Practices
Pathway
Title 7 > Chapter 9 > Subchapter III > Section 213
Details
- Reference: Section 213
- Legend: §213 – Prevention of Unfair, Discriminatory, Or Deceptive Practices
- USCode Year: 2013
Provision Content
(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 persons 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, §312, 42 Stat. 167; Pub. L. 85–909, §2(5), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90–446, §1(e), July 31, 1968, 82 Stat. 475; Pub. L. 94–410, §3, Sept. 13, 1976, 90 Stat. 1249.)
Amendments
1976—Subsec. (a). Pub. L. 94–410, §3(a), (c), struck out in commerce” after or handling” and substituted livestock” for live stock”.
Subsec. (b). Pub. L. 94–410, §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”.
U.S. Encyclopedia of Law Coverage
7-U.S.C.-193 in the Legal Encyclopedia: Agriculture
In this entry about 7-U.S.C.-193, find legal reference material, bibliographies and premiere content related to agriculture in the American Encyclopedia of Law, presenting a comprehensive view of the United States agriculture-specific issues, written by authorities in the field.
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