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

7 U.S.C. § 202

“Stockyard” defined; determination by Secretary as to particular yard

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(a) When used in this subchapter the term “stockyard” means any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce.(b) The Secretary shall from time to time ascertain, after such inquiry as he deems necessary, the stockyards which come within the foregoing definition, and shall give notice thereof to the stockyard owners concerned, and give public notice thereof by posting copies of such notice in the stockyard, and in such other manner as he may determine. After the giving of such notice to the stockyard owner and to the public, the stockyard shall remain subject to the provisions of this subchapter until like notice is given by the Secretary that such stockyard no longer comes within the foregoing definition.(Aug. 15, 1921, ch. 64, title III, § 302, 42 Stat. 163; Pub. L. 85–909, § 2(2), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90–446, § 1(a), July 31, 1968, 82 Stat. 474.)Editorial NotesAmendments

1968—Subsec. (a). Pub. L. 90–446 substituted “operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers” for “or operated for compensation or profit as a public market”.

1958—Subsec. (a). Pub. L. 85–909 struck out “Said sections shall not apply to a stockyard of which the area normally available for handling livestock, exclusive of runs, alleys, or passage ways, is less than twenty thousand square feet.”

Statutory Notes and Related SubsidiariesTransportation of Livestock

Pub. L. 85–909, § 2(2), Sept. 2, 1958, 72 Stat. 1750, provided in part: “That nothing herein [this section] shall be deemed a definition of the term ‘public stockyards’ as used in section 15(5) of the Interstate Commerce Act [former 49 U.S.C. 15(5)]”.

Notes of Decisions
Cited in 14 cases, 1932–1998 · leading case: Baugh v. Matheson (In Re Matheson), 10 B.R. 652 (Bankr. S.D. Ala. 1981).
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Baugh v. Matheson (In Re Matheson), 10 B.R. 652 (Bankr. S.D. Ala. 1981). · cites it 4× “by virtue of action of the Secretary of Agriculture according to 7 U.S.C. § 202 (a) and (b). 3. Pursuant to the rules and regulations governing stockyards and market agencies as defined in Chapter 9, supra, the Debtors maintained several bank accounts in the operation of their…”
Denver Union Stock Yard Co. v. United States, 57 F.2d 735 (D. Colo. 1932). · cites it 2× “64, § 301 (7 USCA § 201), commonly known as the Packers and Stockyards Act: "`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,…”
Day v. Ryan, 560 N.E.2d 77 (Ind. Ct. App. 1990). “" 7 U.S.CS. § 202 (Law.Co-op. 1978). 5 . Moreover, we are persuaded by the State Board's determination.”
Billey v. North Dakota Stockmen's Ass'n, 1998 ND 120 (N.D. 1998). “See 7 U.S.C. § 202 (a). Furthermore, the specific provision governing brand inspection grants discretion to, but does not require, the Secretary to authorize collection of fees for brand inspection by a designated entity: “The Secretary may, upon written application made to him,…”
Baldwin v. Hartford Accident & Indem. Co., 168 F. Supp. 86 (D. Neb. 1958). · cites it 2× “The detailed history of its posting and registration under the Packers and Stockyards Act, 1921, was not made a matter of evidence upon the trial, but such posting and registration were explicitly agreed to have occurred and are now factually found.”
Davis v. United States (In Re Farmers & Ranchers Livestock Auction, Inc.), 46 B.R. 781 (Bankr. E.D. Ark. 1984). “[ 7 U.S.C. § 202 ] Stockyard defined; determination by Secretary as to particular yard (a) When used in this subchapter the term "stockyard” means [a]ny place, establishment or facility commonly known as stockyards, conducted, operated or managed for profit or nonprofit as a…”
John Clay & Co. Livestock Comm'n v. Clements, 214 F.2d 803 (5th Cir. 1954). “The facts were largely stipulated and are clearly set forth in the district court’s memorandum findings as follows: “The Union Stockyards at San Antonio is a stock yard as defined by Title III of the Packers & Stockyards Act of 1921, 7 U.S.C.A. § 202 , 42 Stat. 163 , Defendant…”
Jacob F. Bosma D/B/A Chino Livestock Comm'n Co. & Yardage v. United States Dep't of Agric., 754 F.2d 804 (9th Cir. 1985). “2d at 1327 ; see 7 U.S.C. § 202 . Therefore, the Secretary did not have the power to make such conduct unlawful per se.”
Smeed v. Carpenter, 274 F.2d 414 (9th Cir. 1960). · cites it 3× ““Any person damaged by the breach of any condition hereof may maintain an action on this bond in his own name to recover his damages, after first giving written notice to the trustee herein * * Alleging a breach of performance on the part of Carpenter, appellant Boise Valley…”
Sioux City Stock Yards Co. v. United States, 49 F. Supp. 801 (N.D. Iowa 1943). “7 U.S.C.A. § 202 , as being subject to the provisions of the Packers and Stockyards Act.”
Hyatt v. United States, 276 F.2d 308 (10th Cir. 1960). “The Packers and Stockyards Act regulates, among other things, the marketing of livestock at those stockyards which are “posted” by the Secretary of Agriculture, that is, determined to be within the statutory definition of a stockyard under 7 U.S.C.A. § 202 (a). The act prohibits…”
Denver Union Stockyard Co. v. Denver Live Stock Comm'n Co., 404 F.2d 1055 (10th Cir. 1968). · cites it 2× “7 U.S.C. § 202 . Stockyard dealers and market agencies must be registered with the Secretary.”
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