9 C.F.R. § 201.31

Conditions in market agency, dealer and packer bonds

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Each market agency, dealer and packer bond shall contain conditions applicable to the activity or activities in which the person or persons named as principal or clearees in the bond propose to engage, which conditions shall be as follows or in terms to provide equivalent protection:

(a) Condition Clause No. 1: When the principal sells livestock for the accounts of others. If the said principal shall pay when due to the person or persons entitled thereto the gross amount, less lawful charges, for which all livestock is sold for the accounts of others by said principal.

(b) Condition Clause No. 2: When the principal buys livestock for his own account or for the accounts of others. If the said principal shall pay when due to the person or persons entitled thereto the purchase price of all livestock purchased by said principal for his own account or for the accounts of others, and if the said principal shall safely keep and properly disburse all funds, if any, which come into his hands for the purpose of paying for livestock purchased for the accounts of others.

(c) Condition Clause No. 3: When the principal clears other registrants buying livestock and thus is responsible for the obligations of such other registrants. If the said principal, acting as a clearing agency responsible for the financial obligations of other registrants engaged in buying livestock, viz: (Insert here the names of such other registrants as they appear in the application for registration), or if such other registrants, shall (1) pay when due to the person or persons entitled thereto the purchase price of all livestock purchased by such other registrants for their own account or for the accounts of others; and (2) safely keep and properly disburse all funds coming into the hands of such principal or such other registrants for the purpose of paying for livestock purchased for the accounts of others.

(d) Condition Clause No. 4: When the principal buys livestock for his own account as a packer. If the said principal shall pay when due to the person or persons entitled thereto the purchase price of all livestock purchased by said principal for his own account.

[47 FR 32695, July 29, 1982]

Notes of Decisions

Cited in 4 cases, 1965–1989 · leading case: Arnold Livestock Sales Co., Inc. v. Pearson, 383 F. Supp. 1319 (D. Neb. 1974).

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Arnold Livestock Sales Co., Inc. v. Pearson, 383 F. Supp. 1319 (D. Neb. 1974). “As required by 9 C.F.R. § 201.31 , the bond in question covered “all livestock purchased by [Pearson] for his account and for the account of others.”

Cobb v. Yeutter, 889 F.2d 724 (6th Cir. 1989). “9 C.F.R. § 201.31 . So-called "clause 1” bonding requirements pertain to selling activities, while “clause 2" bonds relate to buying operations.”

Gen. Ins. Co. of Am. v. Schnell Livestock Mkt., Inc., 353 F.2d 67 (8th Cir. 1965). “Furthermore, in examining the Market Agency Bond in question, we find that it uses the exact language required in 9 C.F.R. § 201.31 (a). We therefore find that all executive demands have been met by the bond, and consequently it is not subject to judicial expansion for its…”

Irvin v. United States Fid. & Guar. Co., 599 F. Supp. 463 (S.D. Ga. 1984). “Under 9 C.F.R. § 201.31 a dealer is required to post a bond covering “all livestock purchased for his account and for the account of others.”

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