9 C.F.R. § 203.15

Trust benefits under sections 206, 207, and 318 of the Packers and Stockyards Act

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(a) Within the times specified under sections 206(b), 207(d), and 318(b) of the Act, any livestock seller, live poultry seller or grower, to preserve their interest in the statutory trust, must give written notice to the appropriate packer, live poultry dealer, or livestock dealer and file such notice with the Secretary within the prescribed time by letter, fax, email, or other electronic transmission. The written notice should provide:

(1) Notification to preserve trust benefits;

(2) Identification of packer, live poultry dealer, or livestock dealer;

(3) Identification of seller or poultry grower;

(4) Date of the transaction;

(5) Date of seller's or poultry grower's receipt of notice that payment instrument has been dishonored (if applicable); and

(6) Amount of money due; and to make certain that a copy of such letter, fax, email, or other electronic transmission is filed with a PSD regional office or with the PSD headquarters office within the prescribed time.

(b) While the information in paragraphs (a)(1) through (6) of this section is desirable, any written notice which informs the packer, live poultry dealer, or livestock dealer, and the Secretary that the packer, live poultry dealer, or livestock dealer has failed to pay is sufficient to meet the statutory requirement in paragraph (a) of this section if it is given within the prescribed time.

(c) For purposes of administering statutory trusts under the Act, a cash sale means a sale in which the seller does not expressly extend credit to the buyer.

(Approved by the Office of Management and Budget under control number 0581-0308) [88 FR 41022, June 23, 2023]

Notes of Decisions

Cited in 2 cases, 1982–2012 · leading case: In Re Gotham Provision Co., Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Co., Inc., 669 F.2d 1000 (1st Cir. 1982).

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In Re Gotham Provision Co., Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Co., Inc., 669 F.2d 1000 (1st Cir. 1982). “See 9 C.F.R. § 203.15 (1981) for the regulations which correspond to the notice provision of the statute.”

In re Coop de Consumidores del Noroeste, 464 B.R. 525 (Bankr. D.P.R. 2012). · cites it 7× “§§ 196 (b) and 197(d), and 9 C.F.R. § 203.15 (Docket No. 295). Trafon filed its opposition to the Trustee’s motion for summary judgment arguing the following: (i) whether Trafon sold “livestock” as defined under PASA to Debtor is a genuine issue of material fact that precludes…”

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