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CHAPTER 11-PACKERS AND STOCKYARDS

ADMINISTRATION,
DEPARTMENT OF AGRICULTURE

Page

Part 201

4

202

Regulations under the Packers and Stockyards

Act............
Rules of practice governing proceedings under the

Packers and Stockyards Act........
Statements of general policy under the Packers

and Stockyards Act .......
Organization and functions

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203

85 100

204

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POSTING STOCKYARDS 201.5 Investigation, notice, and posting of

stockyards. 201.6 Investigation, notice, and deposting

of stockyards. 201.7 Change in name, address, manage

ment, control or ownership to be reported by stockyard owner.

PROCEEDS OF SALE 201.39 Payment to be made to consignor or

shipper by market agencies; exceptions. 201.42 Custodial accounts for trust funds.

REGISTRATION 201.10 Requirements and procedures. 201.11 Officers, agents, and employees of

registrants whose registrations have

been suspended or revoked. 201.12 Registrants whose registrations

have been suspended or revoked. 201.13 Registrants to report changes in

name, address, control, or ownership.

ACCOUNTS AND RECORDS 201.43 Payment and accounting for live

stock. 201.44 Market agencies to render prompt

accounting for purchases on order. 201.45 Market agencies to make records

available for inspection by owners, con

signors, and purchasers. 201.46 Stockyard owners, market agencies

and dealers to keep daily record. 201.47 Market agencies to disclose business

relationships, if any, with purchasers. 201.49 Requirements regarding scale tick

ets evidencing weighing of livestock. 201.50 Records; disposition. 201.51 (Reserved) 201.52 Information as to sales on commis

sion or agency basis not to be furnished to unauthorized parties.

SCHEDULES OF RATES AND CHARGES 201.17 Requirements as to filing by stock

yard owners and market agencies operating at a stockyard; use of term “yard

age" in stockyard schedules. 201.19 Size, style, and number of copies. 201.20 Numbering, arrangement, and sub

stance of schedules and amendments. 201.21 Rules or regulations affecting rates

and charges. 201.22 Time and place stockyard owners

and market agencies are to file sched.

ules and amendments. 201.23 Joint schedules. 201.24 Prescribed rates, charges, practices,

and regulations. 201.25 Information required with proposed

increases in existing charges. 201.26 Form.

TRADE PRACTICES 201.53 Livestock market conditions and

prices; persons subject to act not to cir.

culate misleading reports. 201.54 Gratuities. 201.56 Purchases and sales to be made on

actual weights. 201.56 Filling orders; price to be paid. 201.57 Livestock sold at auctions; pur.

chases from consignments. 201.58 Sales to be made openly and in a

manner to promote interests of consignors and not conditioned on sales of other

consignments. 201.59 Taking consignments into own ac

count, accounting; resales. 201.60 Consignments on commission; sale

of livestock.

GENERAL BONDING PROVISIONS 201.27 Underwriter; equivalent in lieu of

bonds; standard forms.

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Sec. 201.88 Registration and filing of schedules. 201.89 Records of authorized agencies or

associations. 201.90 Fees; deduction and accounting. 201.91 Inspections; reciprocal arrange

ments by authorized agencies or associ

ations. 201.92 Maintenance of identity of consign

ments; inspection to be expedited. 201.93 Existing contracts between author

ized agencies, recognition and continuation.

GENERAL

Sec. 201.61 Market agencies engaged in selling

or purchasing livestock on commission. 201.62 Using consigned livestock to fill

orders. 201.63 Consignments: when not to be solic

ited or intercepted. 201.64 Consignments; guaranties not to be

given. 201.65 Restrictions on employment of

salesmen on split commission basis. 201.66 Market agencies not to employ per

sons engaged in buying livestock. 201.67 Packers or dealers not to own or fi

nance selling agencies. 201.68 Packers not to own or finance deal

ers or buying agencies; dealers and buying agencies not to own or finance

packers. 201.69 Furnishing information to competi

tor buyers. 201.70 Restriction or limitation of competi

tion between packers and dealers pro

hibited. 201.70a Packers not to own or finance

custom feedlots; custom feedlots not to own or finance packers.

SERVICES 201.71 Accurate weights. 201.72 Scales; testing of. 201.72-1 Instructions or testing livestock

and animal scales. 201.72-2 Applicable provisions of National

Bureau of Standards Handbook 44. 201.73 Scale operators to be competent. 201.73-1 Instructions for weighing live

stock. 201.74 Scales; reports of tests and inspec

tions. 201.75 Scales; repairs, adjustments, or re

placements after inspection. 201.76 Reweighing. 201.77 Weighing for purposes other than

purchase or sale. 201.78 Packer scales. 201.78-1 Instructions for testing monorail

scales. 201.79 Facilities and services at stockyards. 201.80 Stockyard facilities or services to be

furnished only to unsuspended, properly

registered, and bonded parties. 201.81 Suspended registrants. 201.82 Livestock; care and promptness in

yarding, feeding, watering, weighing,

and handling. 201.84 Feed and water furnished livestock. 201.85 (Reserved)

201.94 Information as to business; furnish

ing of by packers, stockyard owners,

market agencies, and dealers. 201.95 Inspection of records and property

of packers, stockyard owners, market

agencies, and dealers. 201.96 Packers, stockyard owners, market

agencies, or dealers; information con

cerning business not to be divulged. 201.97 Annual reports. 201.98 Packers and dealers not to charge,

demand, or collect commission, yardage,

or other service charges. 201.99 Purchase of livestock by packers on

a carcass grade, carcass weight, or carcass grade and weight basis.

POULTRY-PACKERS AND LIVE POULTRY

DEALERS AND HANDLERS 201.100 Records to be furnished poultry

growers and sellers. 201.101 Records; disposition. 201.102 Live and dressed poultry market

conditions and prices. 201.103 Inspection of records and property

of packers and live poultry dealers and

handlers. 201.104 Packers, live poultry dealers, or

handlers; information concerning busi

ness not to be divulged. 201.105 Accurate weights. 201.106 Scales: Testing, repairs, adjust

ments, replacement and use. 201.106-1 Instructions for testing vehicle

scales used for weighing live poultry. 201.106-2 Instructions for testing scales

other than vehicle scales used for weigh

ing live poultry. 201.107 Requirements regarding scale tick

ets evidencing weighing of live poultry. 201.108 Scale operators to be competent. 201.108-1 Instructions for weighing live

poultry. 201.109 Reweighing. 201.110 Time of weighing. 201.111 Purchasers to pay promptly for

live poultry purchases. 201.200 Sale of livestock to a packer on

credit.

INSPECTION OF BRANDS 201.86 Application for authorization by

State agencies and duly organized State

livestock associations; requisites. 201.87 Two or more applications from same

State; procedure.

AUTHORITY: Secs. 402, 407, 407(a), 42 Stat. 168, 169, as amended, 7 U.S.C. 222, 228, 228(a), unless otherwise noted.

DEFINITIONS

8 201.1 Meaning of words.

Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand.

has been determined by the Secretary to come within the definition of "stockyard" under section 302(a) of the Act.

(j) "Schedule" means a tariff of rates and charges filed by stockyard owners and market agencies.

(k) “Custom Feedlot” means any facility which is used in its entirety or in part for the purpose of feeding livestock for the accounts of others, but does not include feeding incidental to the sale or transportation of livestock. (46 FR 50510, Oct. 14, 1981)

(19 FR 4524, July 22, 1954)

ADMINISTRATION

8 201.3 Authority.

The Administrator shall perform such duties as the Secretary may require in enforcing the provisions of the act and the regulations in this part. (19 FR 4524, July 22, 1954)

APPLICABILITY OF INDUSTRY RULES

8 201.2 Terms defined.

The definitions of terms contained in the Act shall apply to such terms when used in the Regulations under the Packers and Stockyards Act, 9 CFR Part 201; Rules of Practice Gov. erning Proceedings under the Packers and Stockyards Act, 9 CFR Part 202; Statements of General Policy under the Packers and Stockyards Act, 9 CFR Part 203; and Organization and Functions, 9 CFR Part 204. In addition the following terms used in these parts shall be construed to mean:

(a) “Act" means the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.).

(b) “Department” means the United States Department of Agriculture.

(c) “Secretary” means the Secretary of Agriculture of the United States, or any officer or employee of the Department authorized to act for the Secretary.

(d) “Administration” or “agency” means the Packers and Stockyards Administration.

(e) “Administrator" or "agency head” means the Administrator of the Administration or any person authorized to act for the Administrator.

(f) “Regional Supervisor” means the regional supervisor of the Packers and Stockyards Administration for a given area or any person authorized to act for the regional supervisor.

(g) “Person" means individuals, partnerships, corporations, and associations.

(h) “Registrant” means any person registered pursuant to the provisions of the Act and the regulations in this part.

(i) "Stockyard" means a livestock market which has received notice under section 302(b) of the Act that it

8 201.4 Bylaws, rules and regulations, and

requirements of exchanges, associ. ations, or other organizations; applica

bility, establishment. (a) The regulations in this part shall not prevent the legitimate application or enforcement of any valid bylaw, rule or regulation, or requirement of any exchange, association, or other organization, or any other valid law, rule or regulation, or requirement to which any packer, stockyard owner, market agency, or dealer shall be subject which is not inconsistent or in conflict with the act and the regulations in this part.

(b) Market agencies selling livestock on commission shall not, in carrying out the statutory duty imposed upon them by section 307 of title III of the act, permit dealers, packers, or others representing interests which conflict with those of consignors, to partici. pate, directly or indirectly, in determi. nation of the need for, or in the establishment of, regulations governing, or practices relating to, the responsibilities, duties, or obligations of such market agencies to their consignors. (7 U.S.C. 181 et seq.)

(19 FR 4524, July 22, 1954, as amended at 44 control or ownership of the business FR 45361, Aug. 2, 1979)

of a stockyard, the owner of such POSTING STOCKYARDS

stockyard shall report such change in

writing to the Administrator at Wash8 201.5 Investigation, notice and posting

ington, D.C., within 10 days after of stockyards.

making such change. After it has been determined as pro- [19 FR 4525, July 22, 1954, as amended at 24 vided in section 302(b) of the Act, that FR 3813, Apr. 24, 1959; 26 FR 1626, Feb. 24, a stockyard comes within the defini- 1961; 32 FR 7700, May 26, 1967) tion of that term as contained in section 302(a), the stockyard shall be

REGISTRATION given a number as its official designation under the Act and posting of the

8 201.10 Requirements and procedures. stockyard shall be accomplished by (a) (a) Every person operating or desirgiving notice of such determination ing to operate as a market agency or and official designation to the stock- dealer as defined in section 301 of the yard owner by certified mail or in Act shall apply for registration under person, and (b) giving notice thereof the Act by filing, on forms which will to the public by posting copies of such be supplied by the Administrator or notice in at least three conspicuous any Area Supervisor on request, a places at such stockyard and by publi- properly executed application containcation of the determination and offi- ing all the information, required by cial designation in the FEDERAL REGIS- such forms, and shall, concurrently TER. A stockyard SO posted shall

with the filing of such application, file remain subject to the provisions of the

the bond as required in $8 201.27 Act and these regulations until the

through 201.34, and a financial statestockyard has been deposted, regard

ment listing all of the applicant's curless of any change in the ownership or

rent assets and his current liabilities. control of such stockyard or in the

The terms “current assets" and “curname of the stockyard or any market

rent liabilities” are defined in section agencies operating at such stockyard.

203.10 of the Statements of General (36 FR 23139, Dec. 4, 1971)

Policy under the Packers and Stock

yards Act (9 CFR 203.10). 8 201.6 Investigation, notice, and depost

(b) Each application for registration ing of stockyards.

shall be filed with the Area Supervi. After it has been determined, as pro- sor, for the area in which the applivided in section 302(b) of the act, that cant proposes to operate, who shall & stockyard no longer comes within mail it to the Administrator at Washthe definition of that term contained ington, D.C. If the financial statement in section 302(a), deposting of a stock. required by these regulations shows yard shall be accomplished by (a) that the applicant's current liabilities giving notice of such determination to

exceed his current assets or if the Adthe stockyard owner by certified mail

ministrator has reason to believe that or in person, and (b) giving notice

the applicant is unfit to engage in the thereof to the public by posting copies

activity for which application has been of such notice in at least three con

made by reason of the fact that the spicuous places at such stockyard and

applicant has within 2 years prior to by publication of the determination in

filing the application engaged in activthe FEDERAL REGISTER.

ities constituting dishonest or fraudu(19 FR 4525, July 22, 1954, as amended at 24 lent practices of the character prohibFR 3183, Apr. 24, 1959)

ited by the Act which previously have

not been the subject of a formal ad8 201.7 Change in name, address, manage- ministrative proceeding under the Act ment, control, or ownership to be re

resulting in the imposition of a sancported by stockyard owner.

tion against the applicant, an adminisWhenever any change is made in the trative proceeding shall be promptly name or address or in the manage- instituted in which the applicant will ment or nature or in the substantial be afforded opportunity for full hear

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