CHAPTER 11-PACKERS AND STOCKYARDS ADMINISTRATION, Page Part 201 4 202 Regulations under the Packers and Stockyards Act............ Packers and Stockyards Act........ and Stockyards Act ....... 70 203 85 100 204 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. 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 7 33-024 0-84--2 |