9 C.F.R. § 201.10

Requirements and procedures

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(a) Every person operating or desiring to operate as a market agency or dealer as defined in section 301 of the Act (7 U.S.C. 201) must apply for registration. To apply, such persons must file a properly executed application for registration on a form furnished by the Agency. Each applicant must file an application for registration with the regional office for the region where the applicant has his or her primary place of business, and file and maintain a bond as required in §§ 201.27 through 201.34 (9 CFR 201.27 through 201.34).

(b) If, upon review of an application, the Administrator has reason to believe the applicant is unfit to engage in the activity for which application has been made, a proceeding shall be instituted promptly affording the applicant the opportunity for a full hearing, in accordance with the Department's Rule of Practice Governing Formal Adjudicatory Proceedings (7 CFR Subpart H), to show cause why the application for registration should not be denied. If after the hearing the application is denied, as soon as the issue(s) that formed the basis of the denial have been remedied, the applicant may file a new application for registration.

(c) Any person regularly employed on salary, or other comparable method of compensation, by a packer to buy livestock for such packer is subject to the regulation requirements of this section. Such person must be registered as a dealer to purchase livestock for slaughter on behalf of the packer.

(d) Every person clearing or desiring to clear the buying operations of other registrants must apply for registration as a market agency providing clearing services by filing a properly executed application on a form furnished by the Agency, and file and maintain a bond as required in §§ 201.27 through 201.34.

(e) If an application for registration is granted, a market agency or dealer receives an acceptance letter from the Agency that issues the registration number and the effective date of the registration. Each registration issued in accordance with this section will not expire, provided that the registrant timely files its annual report with the Agency as required in section 201.97. Failure of a registrant to file an annual report by the date required in section 201.97 will result in the issuance of a default notice. Thirty days after receipt of the default notice, the registration will expire if the Agency does not receive an annual report from the registrant. A registrant who fails to renew its registration in a timely manner, and continues to operate, will be engaged in business subject to the Act without a valid registration in violation of section 303 of the Act (7 U.S.C. 203).

(f) Registrations that expire during a period of suspension imposed as a result of an order or injunction may be renewed, but the renewal will not be effective until the specified suspension period terminates.

(Approved by the Office of Management and Budget under control number 0580-0015) (7 U.S.C. 203, 204, 207, 217a, 222 and 228) [49 FR 33003, Aug. 20, 1984, as amended at 54 FR 37094, Sept. 7, 1989; 56 FR 2127, Jan. 22, 1991; 68 FR 75388, Dec. 31, 2003; 75 FR 6300, Feb. 9, 2010]

Notes of Decisions

Cited in 10 cases, 1964–2015 · leading case: United States v. Joey Haun, 124 F.3d 745 (6th Cir. 1997).

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United States v. Joey Haun, 124 F.3d 745 (6th Cir. 1997). · cites it 2× “§ 203 ; see 9 C.F.R. § 201.10 (a) (requiring every person operating or desiring to operate as a dealer or market agency to apply for registration by filing a properly executed application for registration and furnishing a bond).”

Mattes v. United States, 721 F.2d 1125 (7th Cir. 1983). · cites it 3× “The ALJ concluded that because, in her view, Diane did not intend to circumvent the suspension order, the USDA lacked the authority to refuse her registration since she met all the requirements of the Act and regulations, 9 C.F.R. 201.10. The ALJ therefore ordered the USDA to…”

In the Matter of Samuels & Co., Inc., Bankrupt. Curtis R. Stowers v. James S. Mahon, Tr., & C. I. T. Corp., 483 F.2d 557 (5th Cir. 1973). · cites it 2× “Market agencies and dealers must register, 9 CFR 201.10, and must be bonded to secure their financial obligations.”

Solomon Valley Feedlot, Inc. v. Earl Butz, Sec'y of Agric., 557 F.2d 717 (10th Cir. 1977). “Sections 203, 204; 9 C.F.R. 201.10, 201.27(c), 201.29. The statute defines a “dealer” as “any person, not a market agency, engaged in the business of buying or selling in commerce, livestock, either on his own account or as the employee or agent of the vendor or purchaser.”

Davis v. United States (In Re Farmers & Ranchers Livestock Auction, Inc.), 46 B.R. 781 (Bankr. E.D. Ark. 1984). “See 9 C.F.R. § 201.10 which reads in part: § 201.”

United States v. Eugene v. Wehrheim & Clinton Peterson D/B/A Wehrheim-Peterson Sales Pavilion, 332 F.2d 469 (8th Cir. 1964). · cites it 2× “9 C.F.R. § 201.10 (a),. § 201.29. “§ 201.”

United States Fid. & Guar. Co. v. Quinn Bros. of Jackson, Inc., 384 F.2d 241 (5th Cir. 1967). “9 C.F.R. § 201.10 et seq. 3 . “Market agency” is defined by 7 U.”

Sutton v. Hansen, 562 N.W.2d 35 (Minn. Ct. App. 1997). · cites it 2× “§ 204 (1994); 9 C.F.R. § 201.10 (1996). Dekker entered into a trust agreement, a bond equivalent, with United Prairie Bank (the bank).”

United States v. High Plains Livestock, LLC, 148 F. Supp. 3d 1185 (D.N.M. 2015). “§ 203; 9 C.F.R. § 201.10 (2015). Market agencies, packers, dealers, and stockyard owners are required to keep accounts and records that “fully and correctly disclose all transactions involved in [the] business —” § 221.”

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