9 C.F.R. § 201.215

Suspension of delivery of birds

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The Secretary may consider various criteria when determining whether or not reasonable notice has been given by a live poultry dealer to a poultry grower for suspension of delivery of birds. These criteria include, but are not limited to:

(a) Whether the written notice adequately states the reason for the suspension of delivery, the length of the suspension of delivery, and the anticipated date the delivery of birds will resume; and

(b) Whether a catastrophic or natural disaster, or other emergency, such as an unforeseen bankruptcy, has occurred that has prevented a live poultry dealer from providing reasonable notice.

[76 FR 76889, Dec. 9, 2011, as amended at 80 FR 6430, Feb. 5, 2015]

Notes of Decisions

Cited in 1 case, 2018–2018 · leading case: Org. for Competitive Markets v. U.S. Dep't of Agric., 912 F.3d 455 (8th Cir. 2018).

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Org. for Competitive Markets v. U.S. Dep't of Agric., 912 F.3d 455 (8th Cir. 2018). “Those provisions can now be found at 9 C.F.R. §§ 201.215 - .217. However, noting it had received over 61,000 comments, USDA announced it "opted not to finalize" some provisions, including proposed 9 C.”

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