9 C.F.R. § 201.39

Payment to be made to consignor or shipper by market agencies; exceptions

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(a) No market agency shall, except as provided in paragraph (b) of this section, pay the net proceeds or any part thereof, arising from the sale of livestock consigned to it for sale, to any person other than the consignor or shipper of such livestock except upon an order from the Secretary or a court of competent jurisdiction, unless (1) such market agency has reason to believe that such person is the owner of the livestock, (2) such person holds a valid, unsatisfied mortgage or lien upon the particular livestock, or (3) such person holds a written order authorizing such payment executed by the owner at the time of or immediately following the consignment of such livestock: Provided, That this paragraph shall not apply to deductions made from sales proceeds for the purpose of financing promotion and research activities, including educational activities, relating to livestock, meat, and other products covered by the Act, carried out by producer-sponsored organizations.

(b) The net proceeds arising from the sale of livestock, the ownership of which has been questioned by a market agency duly authorized to inspect brands, marks, and other identifying characteristics of livestock may be paid in accordance with the directions of such brand inspection agency if the laws of the State from which such livestock originated or was shipped to market make provision for payment of the proceeds in the manner directed by the brand inspection agency and if the market agency to which the livestock was consigned, and the consignor or consignors concerned, are unable to establish the ownership of the livestock within a reasonable period of time, not to exceed 60 days after sale.

(7 U.S.C. 181 et seq.) [19 FR 4528, July 22, 1954, as amended at 28 FR 7218, July 13, 1963; 44 FR 45361, Aug. 2, 1979]

Notes of Decisions

Cited in 4 cases, 1984–1985 · leading case: Rowse v. Platte Valley Livestock, Inc., 604 F. Supp. 1463 (D. Neb. 1985).

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Rowse v. Platte Valley Livestock, Inc., 604 F. Supp. 1463 (D. Neb. 1985). · cites it 2× “consignor or shipper unless “(1) such market agency has reason to believe that such person is the owner of the livestock, (2) such person holds a valid, unsatisfied mortgage or lien upon the particular livestock, or (3) such person holds a written order authorizing such payment…”

Rowse v. Platte Valley Livestock, Inc., 597 F. Supp. 1055 (D. Neb. 1984). “Under 9 C.F.R. § 201.39 (a), - market agencies are prohibited from paying net proceeds from livestock consignment sales to anyone other than the consignor or shipper, with certain listed exceptions.”

Davis v. United States (In Re Farmers & Ranchers Livestock Auction, Inc.), 46 B.R. 781 (Bankr. E.D. Ark. 1984). “Also, 9 C.F.R. § 201.39 provides that payments for sales are to be made by the market agency only to the appropriate consignor or shipper unless there is a court order giving permission to do otherwise.”

Opinion No. (1985) (Neb. Att'y Gen. 1985). “Specifically, 9 C.F.R. 201.39 prohibits payment for livestock in such transactions to anyone other than the owner or valid security interest holder of such livestock.”

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