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.

SCHEDULES OF RATES AND CHARGES 201.17 Requirements as to filing by stockyard owners and market agencies operating at a stockyard; use of term "yardage" in stockyard schedules. 201.19 Size, style, and number of copies. 201.20 Numbering, arrangement, and substance 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 schedules 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.

GENERAL BONDING PROVISIONS

201.27 Underwriter; equivalent in lieu of bonds; standard forms.

Sec.

201.28 Duplicates of bonds or equivalents to be filed with Regional Supervisors. MARKET AGENCY, DEALER AND PACKER BONDS 201.29 Market agencies, packers and dealers required to file and maintain bonds. 201.30 Amount of market agency, dealer and packer bonds.

201.31 Conditions in market agency, dealer and packer bonds.

201.32 Trustee in market agency, dealer

and packer bonds.

201.33 Persons damaged may maintain suit; filing and notification of claims; time limitations; legal expenses.

201.34 Termination of market agency, dealer and packer bonds.

201.35 Letters of credit as bond equivalents.

PROCEEDS OF SALE

201.39 Payment to be made to consignor or shipper by market agencies; exceptions. 201.42 Custodial accounts for trust funds.

ACCOUNTS AND RECORDS

201.43 Payment and accounting for livestock.

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

available for inspection by owners, consignors, 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 tickets evidencing weighing of livestock. 201.50 Records; disposition. 201.51 [Reserved] 201.52

Information as to sales on commission or agency basis not to be furnished to unauthorized parties.

TRADE PRACTICES

201.53 Livestock market conditions and prices; persons subject to act not to circulate misleading reports.

201.54 Gratuities.

201.55 Purchases and sales to be made on actual weights.

201.56 Filling orders; price to be paid. 201.57 Livestock sold at auctions; purchases 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 account, accounting; resales.

201.60 Consignments on commission; sale of livestock.

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 solicited 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 persons engaged in buying livestock. 201.67 Packers or dealers not to own or finance 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 competitor buyers.

201.70 Restriction or limitation of competition between packers and dealers prohibited.

201.70a Packers not to own

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

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 arrangements by authorized agencies or associations.

201.92 Maintenance of identity of consignments; inspection to be expedited. 201.93 Existing contracts between authorized agencies; recognition and continuation.

GENERAL

201.94 Information as to business; furnishing 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 concerning 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 business not to be divulged. 201.105 Accurate weights. 201.106 Scales: Testing, repairs, adjustments, 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 weighing live poultry.

201.107 Requirements regarding scale tickets 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.

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.

[19 FR 4524, July 22, 1954]

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 Governing 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

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]

ADMINISTRATION

§ 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

8 201.4 Bylaws, rules and regulations, and requirements of exchanges, associations, or other organizations; applicability, 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 participate, directly or indirectly, in determination 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 FR 45361, Aug. 2, 1979]

POSTING STOCKYARDS

§ 201.5 Investigation, notice and posting of stockyards.

After it has been determined as provided in section 302(b) of the Act, that a stockyard comes within the definition of that term as contained in section 302(a), the stockyard shall be given a number as its official designation under the Act and posting of the stockyard shall be accomplished by (a) giving notice of such determination and official designation to the stockyard owner by certified mail or in person, and (b) giving notice thereof to the public by posting copies of such notice in at least three conspicuous places at such stockyard and by publication of the determination and official designation in the FEDERAL REGISTER. A stockyard so posted shall remain subject to the provisions of the Act and these regulations until the stockyard has been deposted, regardless of any change in the ownership or control of such stockyard or in the name of the stockyard or any market agencies operating at such stockyard. [36 FR 23139, Dec. 4, 1971]

8 201.6 Investigation, notice, and deposting of stockyards.

After it has been determined, as provided in section 302(b) of the act, that a stockyard no longer comes within. the definition of that term contained in section 302(a), deposting of a stockyard shall be accomplished by (a) giving notice of such determination to the stockyard owner by certified mail or in person, and (b) giving notice thereof to the public by posting copies of such notice in at least three conspicuous places at such stockyard and by publication of the determination in the FEDERAL REGISTER.

[19 FR 4525, July 22, 1954, as amended at 24 FR 3183, Apr. 24, 1959]

8 201.7 Change in name, address, management, control, or ownership to be reported by stockyard owner.

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 stockyard, the owner of such stockyard shall report such change in writing to the Administrator at Washington, D.C., within 10 days after making such change.

[19 FR 4525, July 22, 1954, as amended at 24 FR 3813, Apr. 24, 1959; 26 FR 1626, Feb. 24, 1961; 32 FR 7700, May 26, 1967]

REGISTRATION

8 201.10 Requirements and procedures.

(a) Every person operating or desiring to operate as a market agency or dealer as defined in section 301 of the Act shall apply for registration under the Act by filing, on forms which will be supplied by the Administrator or any Area Supervisor on request, a properly executed application containing all the information, required by such forms, and shall, concurrently with the filing of such application, file the bond as required in §§ 201.27 through 201.34, and a financial statement listing all of the applicant's current assets and his current liabilities. The terms "current assets" and "current liabilities" are defined in section 203.10 of the Statements of General Policy under the Packers and Stockyards Act (9 CFR 203.10).

(b) Each application for registration shall be filed with the Area Supervisor, for the area in which the applicant proposes to operate, who shall mail it to the Administrator at Washington, D.C. If the financial statement required by these regulations shows that the applicant's current liabilities exceed his current assets or if the Administrator has reason to believe that the applicant is unfit to engage in the activity for which application has been made by reason of the fact that the applicant has within 2 years prior to filing the application engaged in activities constituting dishonest or fraudulent practices of the character prohibited by the Act which previously have not been the subject of a formal administrative proceeding under the Act resulting in the imposition of a sanction against the applicant, an administrative proceeding shall be promptly instituted in which the applicant will be afforded opportunity for full hear