9 C.F.R. § 201.82

Care and promptness in weighing and handling livestock and live poultry

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(a) Each stockyard owner, market agency, dealer, packer, swine contractor and live poultry dealer must exercise reasonable care and promptness with respect to loading, transporting, holding, yarding, feeding, watering, weighing, or otherwise handling livestock, or live poultry to prevent waste of feed, shrinkage, injury, death or other avoidable loss.

(b) Whenever live poultry is obtained under a poultry growing arrangement and the weight of the live poultry is a factor in calculating payment to the grower, the poultry must be transported promptly after loading. The process of obtaining the gross weight must commence immediately upon arrival at the processing plant, holding yard, or other scale normally used for such purpose. The process of obtaining the gross weight which may include, but is not limited to, fueling, uncoupling the trailer, changing the road tractor to a yard tractor or weighing the trailer only, must be conducted without delay; specifically, the time period between arrival and completion of the process of obtaining the gross weight must not exceed thirty (30) minutes.

(c) Live poultry dealers must not place poultry from multiple growers on a single live poultry transport trailer or other live poultry transport equipment, creating what is commonly referred to as a “split load.”

[78 FR 51664, Aug. 21, 2013]

Notes of Decisions

Cited in 2 cases, 1996–2010 · leading case: Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010).

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Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010). · cites it 2× “See 9 C.F.R. § 201.82 (b). 1 A grower is entitled to watch his birds being weighed.”

Philson v. Cold Creek Farms, Inc., 947 F. Supp. 197 (E.D.N.C. 1996). · cites it 5× “*201 In a general sense, CCF appears to contend that the only activities for which it may be held hable under the PSA are those activities explicitly addressed by 9 C.F.R. § 201.82 . Section 201.82, which is entitled “[c]are and promptness in weighing and handling livestock and…”

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