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8 201.12 Registrants whose registrations
have been suspended or revoked. Any person whose registration has been suspended or revoked may not again register in his own name or in any other manner within the period during which the order of suspension or revocation is in effect, and no partnership, firm, or corporation in which any such person has a substantial financial interest will be registered during such period. (19 FR 4525, July 22, 1954)
ing in accordance with the rules of practice under the Act, for the purpose of showing cause why the application for registration should not be denied. In the event it is determined that the application should be denied, the applicant shall not be precluded as soon as conditions warrant from again applying for registration.
(c) Any person regularly employed on salary, or other comparable method of compensation, by a packer to buy livestock for such packer shall be subject to the registration requirements of the act and the regulations in this part. Such persons shall be registered as dealers to purchase livestock for slaughter only.
(d) No person applying for registration to engage in business as a market agency selling livestock on an agency basis shall be registered to act in the capacity of clearing agency for any independently operated and separately registered market agency or dealer. No market agency engaged in selling livestock on an agency basis shall act in the capacity of clearing agency for any independently operated and separately registered dealer. No market agency selling livestock on an agency basis shall act in the capacity of clearing agency for any independently operated and separately registered market agency unless such clearing agency was acting in that capacity for such market agency on September 1, 1957.
8 201.13 Registrants to report changes in
name, address, control or ownership. (a) Whenever any change is made in the name or address or in the management or nature or in the substantial control or ownership of the business of a registrant such registrant shall report such change in writing to the Administrator, Washington, D.C. within 10 days after making such change.
(41 FR 34008, Aug. 12, 1976)
SCHEDULES OF RATES AND CHARGES
(19 FR 4525, July 22, 1954, as amended at 22 FR 9726, Dec. 5, 1957; 24 FR 3183, Apr. 24, 1959; 26 FR 1626, Feb. 24, 1961; 32 FR 7700, May 26, 1967; 36 FR 23139, Dec. 4, 1971)
8 201.11 Officers, agents, and employees of
registrants whose registrations have
been suspended or revoked. Any person who has been or is an officer, agent, or employee of a registrant whose registration has been suspended or revoked and who was responsible for or participated in the violation on which the order of suspension or revocation was based may not register within the period during which the order of suspension or revocation is in effect.
8 201.17 Requirements as to filing by
stockyard owners and market agencies operating at a stockyard; use of term
"yardage” in stockyard schedules. (a) Each stockyard owner and market agency operating at a stockyard, shall plainly state in the schedule of rates and charges filed by the stockyard owner or market agency, the effective date of the schedule, a description of the services rendered, the basis for classifying livestock by species or by weight, the stockyards at which the schedule applies, the name and business address of the stockyard owner or market agency, the kind of livestock covered by the schedule, and the conditions under which the services will be rendered and the rates or charges will be applied.
(b) The term "yardage" shall be used in schedules of rates and charges filed by stockyard owners on and after September 1, 1954, to describe the basic stockyard facilities and services furnished, and shall, unless otherwise indicated therein, include: the use of suitable facilities for the safe and ex
(19 FR 4525, July 22, 1954)
peditious receiving, handling, feeding, watering, holding, sorting, selling, buying, weighing, delivery, and shipment of livestock; the services necessary and incident to the receiving of livestock at the place of unloading; the furnishing of receipts for livestock to the carrier or consignor; the delivery of livestock to the consignee; the obtaining of receipts evidencing delivery of livestock to the sales pens assigned to the consignee; the furnishing of sufficient potable water for livestock; the initial weighing of livestock when sold and delivered to scales; the issuance of scale tickets showing actual weight and other pertinent information concerning the livestock weighed; the removal of livestock from scales after weighing and delivery to holding pens; the holding of livestock for a reasonable time pending delivery or shipment to buyers; the delivery of livestock to buyers; and the obtaining of receipts for livestock delivered to buyers. Consignors, market agencies, dealers, packers, buyers, or other users of stockyard facilities and services requiring special facilities or services in addition to the basic facilities and services furnished at the stockyard may be required to pay a reasonable charge for such special facilities and services in addition to basic yardage charges.
8 201.20 Numbering, arrangement, and
substance of schedules and amend.
ments. The schedules of each stockyard owner and market agency operating at a stoc ard shall be designated by successive numbers as filed. Each such schedule shall be divided into sections to cover the various classes of services or facilities furnished by the stockyard owner or market agency. Each amendment of such schedule shall be numbered and shall show the number of the schedule of which it is an amendment. Each such amendment shall in its body make adequate reference to the sections of the schedule which are amended, and shall set forth in full such sections as amended or supplemented. Each amendment shall indi. cate the numbers of the amendments to the original schedule that remain in effect. After a stockyard owner or market agency has filed thirty (30) amendments to its schedule, any further change in the rates or charges shall be embodied in a new schedule which shall contain all rates and charges then in effect: Provided, however, That not more than ten (10) amendments relating to charges other than for feed may be filed without filing and publishing a new schedule. (7 U.S.C. 181 et seq.) (19 FR 4525, July 22, 1954, as amended at 24 FR 3183, Apr. 24, 1959; 44 FR 45361, Aug. 2, 1979)
(19 FR 4525, July 22, 1954, as amended at 24 FR 3183, Apr. 24, 1959)
8 201.19 Size, style, and number of copies.
Schedules of rates and charges and amendments thereto of stockyard owners and market agencies operating at a stockyard shall be printed or typed on paper which is approximately 8 by 11 inches in size, the lines of print or type being horizontal to the 8inch dimension. Three copies of each such schedule or amendment, one copy of which shall be signed by the stockyard owner or market agency filing the same, shall be filed as provided in 8 201.22. (7 U.S.C. 181 et seq.) (19 FR 4525, July 22, 1954, as amended at 24 FR 3183, Apr. 24, 1959; 44 FR 45361, Aug. 2, 1979)
8 201.21 Rules or regulations affecting
rates and charges. Each stockyard owner and market agency operating at a stockyard shall set out in its schedule of rates and charges every rule or regulation which in any way changes or affects any rate or charge or the value of the services furnished thereunder and shall designate the rates or charges affected by each such rule or regulation. (7 U.S.C. 181 et seq.) (19 FR 4626, July 22, 1954, as amended at 24 FR 3183, Apr. 24, 1959; 44 FR 45361, Aug. 2, 1979)
(19 FR 4526, July 22, 1954, as amended at 26 FR 1626, Feb. 24, 1961; 30 FR 14422, Nov. 18, 1965; 32 FR 7700, May 26, 1967; 36 FR 7224, Apr. 16, 1971; 44 FR 45360, Aug. 2, 1979)
8 201.23 Joint schedules.
If the same schedule is to be observed by more than one market agency, one schedule will suffice for all market agencies at any one stockyard, city, place, or market observing it whose names and business addresses are shown on it, together with the name of the organization, if any, by which adopted: Provided, That at least one copy of such schedule or amendment thereto is signed in ink by each of the market agencies observing the same and is filed with the Administrator at Washington, D.C., and each market agency complies with the posting requirements of g 201.22. (7 U.S.C. 181 et seq.) (19 FR 4526, July 22, 1954, as amended at 26 FR 1626, Feb. 24, 1961; 32 FR 7700, May 26, 1967; 44 FR 45361, 45362, Aug. 2, 1979)
8 201.22 Time and place stockyard owners
and market agencies are to file sched
ules and amendments. (a) Duplicate copies of all schedules and rules or regulations and amendments or supplements thereto quired to be filed under the Act by market agencies and stockyard owners shall be kept open for public inspection at their places of business. Unless the requirement as to filing and notice is specifically waived, as provided for in section 306(c) of the Act, all amendments to schedules or rules or regulations changing a rate or charge shall be filed with the Administrator at Washington, D.C., not less than ten (10) days before the effective date thereof. The provisions of this section apply to changes in feed charges and specified margins above cost of feed contained in basic tariff schedules: Provided, however, That the requirements as to filing and notice contained in section 306(c) of the Act are specifically waived with respect to changes in feed charges when (1) the basic tariff schedule provides that such feed charges are to be based on an average cost plus a specified margin, and (2) the records of the stockyard or market agency involved clearly disclose the average cost of the feed on hand, and (3) a schedule of the current feed charges computed in accordance with the basic tariff schedule and showing the effective date thereof is conspicuously posted at the stockyard and a copy is furnished to the Area Supervisor for informational purposes.
(b) With respect to rates and charges for professional veterinary services furnished at a posted auction market, the market operator shall set forth such rates and charges in a schedule which shall be conspicuously posted at the market at all times the rates and charges set forth therein are in effect. Any change in such rates and charges may become effective 2 days after the amendment or new schedule is so posted at the market. A copy of such schedule and any amendments thereto shall be furnished to the area supervisor at the time of posting at the market.
8 201.25 Information required with pro
posed increases in existing charges. Each stockyard owner and market agency proposing an increase in existing charges shall with the Administrator not less than ten (10) days before the effective date thereof the supplement, amendment, or tariff containing the proposed increase. No supporting data need accompany such supplement, amendment, or tariff upon the filing thereof. However, if a valid complaint is filed or for other compelling reasons, the Administrator may require the furnishing of specific and de
(Sec. 306, 42 Stat. 164; 7 U.S.C. 207; 7 U.S.C. 181 et seq.)
tailed data on which the proposed in- negotiable obligations of the United crease is based.
States, or (2) deposits or accounts in
sured by the Federal Deposit Insur(44 FR 69279, Dec. 3, 1979)
ance Corporation of the Federal Sav8 201.26 Form.
ings and Loan Insurance Corporation.
The provisions of $8 201.27 through The schedules of each stockyard
201.34 shall be applicable to such trust owner and market agency operating at
agreements. a stockyard, shall be substantially in
(c) Bonds and trust fund agreements the form set out below:
shall be filed on forms approved by Tariff or Schedule of Charges No.
the Administrator. or Amendment No. to Tariff or Schedule of Charges No. of
(47 FR 32695, July 29, 1982) (Operator's Name)
(Operator's Business Address)
8 201.28 Duplicates of bonds or equiv. (Name posted stockyard where
alents to be filed with Regional Super
(Location of charges apply) posted stockyard where charges apply) Fully executed duplicates of bonds
Issued: Effective: (Not or trust fund agreements maintained less than ten days after receipt in under the regulations in this part, and Washington office)
duplicates of all endorsements, amend(Insert here, dividing into sections, ments, riders, indemnity agreements, the various classes of service per- and other attachments thereto, shall formed by the stockyard owner or op- be filed with the Regional Supervisor erator, or market agency operating at for the region in which the registrant, a stockyard, the kind of livestock con- or packer or person applying for regiscerning which services are performed, tration resides, or in the case of a corthe nature of the services, and the poration, where the corporation has terms of conditions under which the its home office: Provided, That if such services are rendered.)
registrant, or packer or person does (Operator's name)
not engage in business in such area, (Signed by)
the foregoing documents shall be filed (Owner, partner, or Official designa- with the Regional Supervisor for the tion)
region in which the registrant's or (7 U.S.C. 181 et seq.)
packer's or person's principal place of
business is located. (44 FR 45360, Aug. 2, 1979)
(47 FR 32695, July 29, 1982) GENERAL BONDING PROVISIONS
MARKET AGENCY, DEALER AND PACKER 8 201.27 Underwriter: equivalent in lieu of
BONDS bonds; standard forms. (a) The surety on bonds maintained
8 201.29 Market agencies, packers and under the regulations in this part
dealers required to file and maintain shall be a surety company (1) which is
bonds. currently approved by the United (a) Every market agency, packer, States Treasury Department for bonds and dealer, except as provided in paraexecuted to the United States, and (2) graph (d) herein, and except packer which has not failed or refused to sat- buyers registered as dealers to purisfy its legal obligations under bonds chase livestock for slaughter only, issued under said regulations.
shall execute and maintain a reason(b) A bond equivalent may be filed able bond on forms approved by the in lieu of a bond. A bond equivalent Administrator containing the approshall be in the form of a trust fund priate condition clauses, as set forth in agreement based on funds actually de- 8 201.31 of the regulations, applicable posited and readily convertible to cur- to the activity or activities in which rency in the amount required by the person or persons propose to $ 201.30. Such funds shall be invested engage, to secure the performance of or deposited, in the name of a trustee obligations incurred by such market as set forth in 8 201.32, in: (1) Fully agency, packer, or dealer. No market
agency, packer, or dealer required to maintain a bond shall conduct his operations unless there is on file and in effect a bond complying with the regulations in this part.
(b) Every market agency buying on a commission basis and every dealer buying for his own account or for the accounts of others shall file and maintain a bond. If a registrant operates as both a market agency buying on a commission basis and as a dealer, only one bond to cover both buying operations need be filed. Any person operating as a market agency selling on a commission basis and as a market agency buying on a commission basis or as a dealer shall file and maintain separate bonds to cover his selling and buying operations.
(c) Each market agency and dealer whose buying operations are cleared by another market agency shall be named as clearee in the bond filed and maintained by the market agency registered to provide clearing services. Each market agency selling livestock on a commission basis shall file and maintain its own bond.
(d) Every packer purchasing livestock, directly or through an affiliate or employee or a wholly-owned subsidiary, except those packers whose annual purchases do not exceed $500,000, shall file and maintain a reasonable bond. In the event a packer maintains a wholly-owned subsidiary or affiliate to conduct its livestock buying, the wholly-owned subsidiary or affiliate shall be registered as a packer buyer for its parent packer firm, and the required bond shall be maintained by the parent packer firm. (7 U.S.C. 204, 228(a)) [48 FR 8806, Mar. 2, 1983)
The amount of bond coverage must be the next multiple of $5,000 above the amount so determined. When the computation exceeds $50,000, the amount of bond coverage need not exceed $50,000 plus 10 percent of the excess over $50,000, raised to the next $5,000 multiple. In no case shall the aamount of bond coverage for a market agency selling on commission be less than $10,000 or such higher amount as required to comply with any State law.
(b) Market agency buying on commission or dealer. The amount of bond coverage must be based on the average amount of livestock purchased by the dealer or market agency during a period equivalent to 2 business days. To compute the required amount of bond coverage, divide the total dollar value of livestock purchased during the preceding business year, or substantial part of that business year, in which the dealer or market agency or both did business, by one-half the number of days on which business was conducted. The number of days in any business year, for purposes of this regulation, shall not exceed 260. Therefore, the divisor (one-half the number of days on which business was conducted) shall not exceed 130. The amount of the bond coverage must be the next multiple of $5,000 above the amount so determined. When the computation exceeds $75,000, the amount of bond coverage need not exceed $75,000 plus 10 percent of the excess over $75,000, raised to the next $5,000 multiple. In no case shall the amount of bond coverage be less than $10,000 or such higher amount as required to comply with any State law.
(c) Market agency acting as clearing agency. The amount of bond coverage must be based on the average amount of livestock purchased by all persons for whom the market agency served as a clearor during a period equivalent to 2 business days. To compute the required amount of bond coverage, divide the total dollar value of livestock purchased by all persons for whom the market agency served as a clearor during the preceding business year, or substantial part of that business year, in which the market agency acting as clearing agency did business, by one-half the number of days on
8 201.30 Amount of market agency, dealer
and packer bonds. (a) Market agency selling livestock on commission. To compute the required amount of bond coverage, divide the dollar value of livestock sold during the preceding business year, or the substantial part of that business year, in which the market agency did business, by the actual number of days on which livestock was sold. The divi. sor (the number of days on which livestock was sold) shall not exceed 130.