U.S. Code » Title 7 » Chapter CHAPTER 9— PACKERS AND STOCKYARDS › Subchapter SUBCHAPTER I— GENERAL DEFINITIONS

7 U.S.C. § 182

Definitions

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When used in this chapter—(1) The term “person” includes individuals, partnerships, corporations, and associations;(2) The term “Secretary” means the Secretary of Agriculture;(3) The term “meat food products” means all products and byproducts of the slaughtering and meat-packing industry—if edible;(4) The term “livestock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead;(5) The term “livestock products” means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock;(6) The term “poultry” means chickens, turkeys, ducks, geese, and other domestic fowl;(7) The term “poultry product” means any product or byproduct of the business of slaughtering poultry and processing poultry after slaughter;(8) The term “poultry grower” means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry;(9) The term “poultry growing arrangement” means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another’s instructions, for slaughter;(10) The term “live poultry dealer” means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and(11) The term “commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia.(12)Swine contractor.—The term “swine contractor” means any person engaged in the business of obtaining swine under a swine production contract for the purpose of slaughtering the swine or selling the swine for slaughter, if—(A) the swine is obtained by the person in commerce; or(B) the swine (including products from the swine) obtained by the person is sold or shipped in commerce.(13)Swine production contract.—The term “swine production contract” means any growout contract or other arrangement under which a swine production contract grower raises and cares for the swine in accordance with the instructions of another person.(14)Swine production contract grower.—The term “swine production contract grower” means any person engaged in the business of raising and caring for swine in accordance with the instructions of another person.(Aug. 15, 1921, ch. 64, title I, § 2(a), 42 Stat. 159; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249; Pub. L. 100–173, § 2, Nov. 23, 1987, 101 Stat. 917; Pub. L. 107–171, title X, § 10502(a), May 13, 2002, 116 Stat. 509.)Editorial NotesCodification

Section is composed of subsec. (a) of section 2 of act Aug. 15, 1921. Subsec. (b) of section 2 is classified to section 183 of this title.

Amendments

2002—Pars. (12) to (14). Pub. L. 107–171 added pars. (12) to (14).

1987—Pars. (6) to (11). Pub. L. 100–173 added pars. (6) to (10) and redesignated former par. (6) as (11).

1976—Pars. (4), (5). Pub. L. 94–410 substituted “livestock” for “live stock” in par. (4) and for “live-stock” in par. (5).

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Pub. L. 100–173, § 12, Nov. 23, 1987, 101 Stat. 923, provided that: “This Act and the amendments made by this Act [enacting sections 197 and 228b–1 to 228b–4 of this title, amending this section and sections 192, 209, 221, 223, 227, and 228a of this title, repealing sections 218 to 218d of this title, and enacting provisions set out as notes under sections 181 and 227 of this title] shall take effect 90 days after the date of the enactment of this Act [Nov. 23, 1987].”

Savings Provision

Pub. L. 94–410, § 10, Sept. 13, 1976, 90 Stat. 1252, provided that: “Pending proceedings shall not be abated by reason of any provision of this Act [enacting sections 196 and 228a to 228c of this title and amending this section and sections 183, 191 to 193, 201, 204, 207, 209, 210, 212, 213, 228, and 229 of this title], but shall be disposed of pursuant to the provisions of the Packers and Stockyards Act, 1921, as amended [this chapter], and the Act of July 12, 1943 [section 204 of this title], in effect immediately prior to the effective date of this Act [Sept. 13, 1976].”

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1948–2023 · leading case: Been v. O.K. Indus., Inc., 495 F.3d 1217 (10th Cir. 2007).
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Been v. O.K. Indus., Inc., 495 F.3d 1217 (10th Cir. 2007). · cites it 2× “" 7 U.S.C. § 182 (10). [6] Under 7 U.S.C. § 209 , any person subject to the PSA may be held liable for damages.”
Fillippo v. S. Bonaccurso & Sons, Inc., 466 F. Supp. 1008 (E.D. Pa. 1978). · cites it 3× “Yet only if Mary Bonaccurso and Samuel Bonaccurso are “persons” under 7 U.S.C. § 182 (1) can they be “packers” under 7 U.”
Hedrick v. S. Bonaccurso & Sons, Inc., 466 F. Supp. 1025 (E.D. Pa. 1978). · cites it 3× “Yet only if Mary Bonaccurso and Samuel Bonaccurso are “persons” under 7 U.S.C. § 182 (1) can they be “packers” under 7 U.”
City of Tulsa v. Tyson Foods, Inc., 258 F. Supp. 2d 1263 (N.D. Okla. 2003). · cites it 2× “7 U.S.C. § 182 (9) (emphasis added). “Poultry grower” under the PSA is any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry.”
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). “CASH SALES VERSUS CREDIT SALES Congress clearly limited the application of the trust provisions of § 206 of the Packers and Stockyards Act to transactions where: (1) The commodities sold are “livestock,” as defined in § 2(a) of the Act, 7 U.S.C.A. § 182 (West 1980); (2) The…”
In Re Roxford Foods Litig., 790 F. Supp. 987 (E.D. Cal. 1991). · cites it 2× “The primary issues involved in these motions are whether, under the undisputed facts of this action, Purina comes within the provisions of the Poultry Producers Financial Protection Act of 1987, amending the Packers and Stockyards Act of 1921 (hereinafter referred to as the…”
Harold Bruce London v. Fieldale Farms Corp., 410 F.3d 1295 (11th Cir. 2005). “A "live poultry dealer" is “any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another.”
Vermilya-Brown Co. v. Connell, 335 U.S. 377 (1948). · cites it 2× “159 , 7 U. S. C. § 182 (6); 49 Stat. 731 , 7 U S.”
Liberty Mut. Ins. v. Bankers Trust Co., 758 F. Supp. 890 (S.D.N.Y. 1991). · cites it 2× “Liberty Mutual argues that the statutory definition of livestock means “cattle, sheep, swine, horses, mules or goats&emdash;whether live or dead,” 7 U.S.C. § 182 , and that the fact Rotches, Inc.”
Jackson v. Swift Eckrich, Inc., 53 F.3d 1452 (8th Cir. 1995). · cites it 2× “See 7 U.S.C. § 182 (4), (6). This simple distinction is important to a proper understanding of the scope of the Secretary’s administrative review under the PSA.”
United States Fid. & Guar. Co. v. Clover Creek Cattle Co., 452 P.2d 993 (Idaho 1969). “§ 201 [d]) who engaged in a “livestock” ( 7 U.S.C.A. § 182 [4]) transaction in “commerce” ( 7 U.”
CITY OF CLINTON, ARK. v. Pilgrim's Pride Corp., 654 F. Supp. 2d 536 (N.D. Tex. 2009). “” 7 U.S.C. § 182 (10). Because pullets and breeders are obtained and raised for the purpose of producing eggs, rather than for the purpose of being slaughtered for meat, Pilgrim’s insists the PSA does not apply to Plaintiffs’ claims.”
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