§ 211. — Order of Secretary as to charges or practices; prescribing rates and practices generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC211]
TITLE 7--AGRICULTURE
CHAPTER 9--PACKERS AND STOCKYARDS
SUBCHAPTER III--STOCKYARDS AND STOCKYARD DEALERS
Sec. 211. Order of Secretary as to charges or practices;
prescribing rates and practices generally
Whenever after full hearing upon a complaint made as provided in
section 210 of this title, or after full hearing under an order for
investigation and hearing made by the Secretary on his own initiative,
either in extension of any pending complaint or without any complaint
whatever, the Secretary is of the opinion that any rate, charge,
regulation, or practice of a stockyard owner or market agency, for or in
connection with the furnishing of stockyard services, is or will be
violative of section 205, 206, or 208 of this title, the Secretary--
(a) May in accordance with the standard set forth in section 206 of
this title determine and prescribe what will be the rate or charge, or
rates or charges, to be thereafter in such case observed as the maximum
or minimum or both to be charged, and what regulation or practice is or
will be just, reasonable, and nondiscriminatory to be thereafter
followed: Provided, That the Secretary shall prescribe the rate or
charge, or rates or charges, on a percentage or per head basis at the
election of the stockyard owner or market agency, or on any other basis
elected by the stockyard owner or market agency unless the Secretary
finds such other basis to be violative of section 206 of this title; and
(b) May make an order that such owner or operator (1) shall cease
and desist from such violation to the extent to which the Secretary
finds that it does or will exist; (2) shall not thereafter publish,
demand, or collect any rate or charge for the furnishing of stockyard
services other than the rate or charge or rates or charges so
prescribed; and (3) shall conform to and observe the regulation or
practice so prescribed.
(Aug. 15, 1921, ch. 64, title III, Sec. 310, 42 Stat. 166; Aug. 10,
1939, ch. 663, 53 Stat. 1351; Pub. L. 95-409, Sec. 1(b), Oct. 2, 1978,
92 Stat. 886.)
Amendments
1978--Pub. L. 95-409, Sec. 1(b)(1), in provision preceding subsec.
(a), substituted ``violative of section 205, 206 or 208 of this title''
for ``unjust, unreasonable, or discriminatory''.
Subsec. (a). Pub. L. 95-409, Sec. 1(b)(2), substituted ``May in
accordance with the standard set forth in section 206 of this title
determine and prescribe what will be the rate'' for ``May determine and
prescribe what will be the just and reasonable rate'', and ``as the
maximum or minimum or both'' for ``as both the maximum and minimum'',
and inserted proviso relating to prescription by the Secretary of rates
or charges on a percentage or per head basis at the election of the
owner or agency or any other basis unless violative of section 206 of
this title.
Subsec. (b). Pub. L. 95-409, Sec. 1(b)(3), substituted ``other than
the rate or charge or rates or charges'' for ``more or less than the
rate or charge''.
1939--Subsec. (a). Act Aug. 10, 1939, substituted ``as both'' for
``or the''.
Subsec. (b)(2). Act Aug. 10, 1939, substituted ``more or less than
the rate or charge so prescribed'' for ``other than the rate or charge
so prescribed, or in excess of the maximum or less than the minimum so
prescribed, as the case may be''.
Section Referred to in Other Sections
This section is referred to in section 215 of this title.
