U.S. Code » Title 7 » Chapter CHAPTER 9— PACKERS AND STOCKYARDS › Subchapter SUBCHAPTER III— STOCKYARDS AND STOCKYARD DEALERS

7 U.S.C. § 201

“Stockyard owner”; “stockyard services”; “market agency”; “dealer”; defined

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In this chapter:(a) The term “stockyard owner” means any person engaged in the business of conducting or operating a stockyard.(b) The term “stockyard services” means services or facilities furnished at a stockyard in connection with the receiving, buying, or selling on a commission basis or otherwise, marketing, feeding, watering, holding, delivery, shipment, weighing, or handling in commerce, of livestock.(c) The term “market agency” means any person engaged in the business of (1) buying or selling in commerce livestock on a commission basis or (2) furnishing stockyard services. Beginning on October 7, 2016, such term includes any person who engages in the business of buying or selling livestock, on a commission or other fee basis, through the use of online, video, or other electronic methods when handling or providing the means to handle receivables or proceeds from such buying or selling, so long as such person’s annual average of online, video, or electronic sales of livestock, on a commission or other fee basis, exceeds $250,000.(d) The term “dealer” means any person, not a market agency, engaged in the business of buying or selling in commerce livestock, either on his own account or as the employee or agent of the vendor or purchaser.(Aug. 15, 1921, ch. 64, title III, § 301, 42 Stat. 163; Pub. L. 85–909, § 2(1), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 94–410, § 3(c), Sept. 13, 1976, 90 Stat. 1249; Pub. L. 114–237, § 2, Oct. 7, 2016, 130 Stat. 970.)Editorial NotesAmendments

2016—Pub. L. 114–237, § 2(b)(1), substituted “In this chapter:” for “When used in this chapter—” in introductory provisions.

Subsec. (a). Pub. L. 114–237, § 2(b)(2), substituted period for semicolon at end.

Subsec. (b). Pub. L. 114–237, § 2(b)(3)(B), substituted period for semicolon at end.

Pub. L. 114–237, § 2(b)(3)(A), which directed amendment of subsec. (b) by substituting “weighing” for “weighting”, could not be executed because the word “weighing” already appeared in text.

Subsec. (c). Pub. L. 114–237, § 2(a), substituted period for “; and” after “stockyard services” and inserted at end “Beginning on October 7, 2016, such term includes any person who engages in the business of buying or selling livestock, on a commission or other fee basis, through the use of online, video, or other electronic methods when handling or providing the means to handle receivables or proceeds from such buying or selling, so long as such person’s annual average of online, video, or electronic sales of livestock, on a commission or other fee basis, exceeds $250,000.”

1976—Subsecs. (b) to (d). Pub. L. 94–410 substituted “livestock” for “live stock”.

1958—Subsecs. (c), (d). Pub. L. 85–909 struck out “at a stockyard” after “livestock”.

Notes of Decisions
Cited in 61 cases (3 in the last 5 years), 1928–2026 · leading case: Butz v. Glover Livestock Comm'n Co., 411 U.S. 182 (1973).
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Butz v. Glover Livestock Comm'n Co., 411 U.S. 182 (1973). · cites it 2× “NOTES [1] 7 U. S. C. §§ 201 -217a. Specifically, registrants are prohibited from engaging in or using "any unfair, unjustly discriminatory, or deceptive practice or device in connection with .”
Syverson v. United States Dep't of Agric., 601 F.3d 793 (8th Cir. 2010). · cites it 5× “” 7 U.S.C. § 201 (c). Under the Act, a dealer is “any person, not a market agency, engaged in the business of buying or selling in commerce livestock, either on his own account or as the employee or agent of the vendor or purchaser.”
In Re Frosty Morn Meats, Inc., 7 B.R. 988 (M.D. Tenn. 1980). · cites it 3× “§ 201 (c) defines a market agency as “any person engaged in the business of (1) buying or selling in commerce livestock on a commission basis.”
United States v. Joey Haun, 124 F.3d 745 (6th Cir. 1997). · cites it 2× “See 7 U.S.C. § 201 (d) (defining a “dealer” as “any person, not a market agency, engaged in the business of buying or selling in commerce livestock, either on his own account or as the employee or agent of the vendor or purchaser”); 7 U.”
United States Fid. & Guar. Co. v. Clover Creek Cattle Co., 452 P.2d 993 (Idaho 1969). · cites it 3× “Clyde Graham was a “dealer” ( 7 U.S.C.A. § 201 [d]) who engaged in a “livestock” ( 7 U.”
Denver Union Stock Yard Co. v. United States, 57 F.2d 735 (D. Colo. 1932). · cites it 3× “" (7 USCA § 201.) It is true that the railroad companies use these side tracks, pay for the use thereof, and pay the stockyards company for its services in unloading the cattle.”
Houfburg v. Kansas City Stock Yards Co. of Maine, 283 S.W.2d 539 (Mo. 1955). · cites it 2× “The reason advanced by plaintiff for the inapplicability of the aforementioned rule is that under the terms and provisions of The Packers and Stockyards Act of 1921, 7 U.S.C.A. § 201 et seq., the defendant Stock Yards Company is a public utility required by said law to furnish…”
Jeffrey C. Ferguson v. United States Dep't of Agric., 911 F.2d 1273 (8th Cir. 1990). · cites it 2× “That a market agency is any person who buys and sells “on a commission basis,” 7 U.S.C. § 201 (c)(1), does not mean that the appearance of the word “commission” on an invoice is the equivalent of selling “on a commission basis.”
W. I. Bowman v. United States Dep't of Agric. & Orville Freeman, as Sec'y of Agric., & United States of Am., 363 F.2d 81 (5th Cir. 1966). · cites it 2× “7 U.S.C.A. § 201 (a) (c) and (d). 2 The complaint charged Mr.”
Jorgensen v. Aetna Cas. & Sur. Co., 769 P.2d 809 (Utah 1988). · cites it 2× “See 7 U.S.C. §§ 201 , 204 (1982). Under the bond's terms, Aetna agreed to act as surety for Clay in its dealings as a broker with third parties up to the bond's limit of $75,000.”
Morgan v. United States, 8 F. Supp. 766 (W.D. Mo. 1934). · cites it 2× “Since the business of each of the petitioners directly affects commerce among the several states, Congress is authorized by the Constitution (article 1, § 8, cl.”
Davis v. United States (In Re Farmers & Ranchers Livestock Auction, Inc.), 46 B.R. 781 (Bankr. E.D. Ark. 1984). · cites it 2× “See 7 U.S.C. §§ 201 , 204, 213(b), and 222. 17 The Act provides for *791 enforcement of its requirements by the Secretary through the initiation of investigations and administrative proceedings.”
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— 7 U.S.C. § 201(c) — 1 case
United States Fid. & Guar. Co. v. Quinn Bros. of Jackson, Inc., 384 F.2d 241 (5th Cir. 1967).
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