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

7 U.S.C. § 208

Unreasonable or discriminatory practices generally; rights of stockyard owner of management and regulation

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(a) It shall be the duty of every stockyard owner and market agency to establish, observe, and enforce just, reasonable, and nondiscriminatory regulations and practices in respect to the furnishing of stockyard services, and every unjust, unreasonable, or discriminatory regulation or practice is prohibited and declared to be unlawful.(b) It shall be the responsibility and right of every stockyard owner to manage and regulate his stockyard in a just, reasonable, and nondiscriminatory manner, to prescribe rules and regulations and to require those persons engaging in or attempting to engage in the purchase, sale, or solicitation of livestock at such stockyard to conduct their operations in a manner which will foster, preserve, or insure an efficient, competitive public market. Such rules and regulations shall not prevent a registered market agency or dealer from rendering service on other markets or in occasional and incidental off-market transactions.(Aug. 15, 1921, ch. 64, title III, § 307, 42 Stat. 165; Pub. L. 90–446, § 1(d), July 31, 1968, 82 Stat. 475.)Editorial NotesAmendments

1968—Pub. L. 90–446 designated existing provisions as subsec. (a) and added subsec. (b).

Notes of Decisions
Cited in 27 cases, 1931–2012 · 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× “1974), we reviewed the Secretary of Agriculture's determination that a dealer's refusal to honor a draft to pay for livestock was "unjust and unreasonable" under 7 U.S.C. § 208 . In upholding the Secretary's decision, we did not discuss what a plaintiff must show to establish…”
Butz v. Glover Livestock Comm'n Co., 411 U.S. 182 (1973). · cites it 2× “…Stockyards Act, 1921, 42 Stat. 159 , 7 U. S. C. § 181 et seq., wilfully violated §§ 307 (a) and 312 (a) of the Act, 7 U. S. C. §§ 208 (a) and 213 (a), by incorrect weighing of livestock, and also breached § 401, 7 U. S. C. § 221 , by entries of false weights. An order was…”
W. Iowa Farms Co. v. United States of Am. Bob Bergland, Sec'y of Agric., Sioux City Stock Yards, Intervenor, 629 F.2d 502 (8th Cir. 1980). · cites it 7× “Section 307 of the Packers and Stockyards Act, 7 U.S.C. § 208 (a) and (b), relates: (a) It shall be the duty of every stockyard owner and market agency to establish, observe, and enforce just, reasonable, and nondiscriminatory regulations and practices in respect to the…”
Rice v. Wilcox, 630 F.2d 586 (8th Cir. 1980). · cites it 8× “Davis was found to have violated 7 U.S.C. § 208 by committing the unjust practice of retaining the proceeds from the sale of cattle owned by Bill and Lois Rice and consigned to him by Wilcox.”
Glover Livestock Comm'n Co., Inc. v. Clifford M. Hardin, Sec'y of Agric., & the United States of Am., 454 F.2d 109 (8th Cir. 1972). · cites it 3× “The Judicial Officer held that Glover violated 7 U.S.C. §§ 208 and 213 of The Packers and Stockyards Act, 1 and ordered it to cease and desist from: (1) Weighing livestock at other than their true and correct weights; (2) Issuing scale tickets or account-ings on the basis of…”
Denver Union Stock Yard Co. v. Producers Livestock Mktg. Ass'n, 356 U.S. 282 (1958). · cites it 2× “165 , as amended, 7 U. S. C. § 208 . The regulatory scheme devised by the Congress, however, makes it possible for invalidity on the face of the regulations to be overcome by evidence showing that their application and operation is not in fact unjust, unreasonable, or…”
Rowse v. Platte Valley Livestock, Inc., 597 F. Supp. 1055 (D. Neb. 1984). · cites it 3× “On February 3, 1984, the office of the Secretary issued a decision and order finding that the defendant had engaged in an unjust practice prohibited by the second clause of § 307(a) of the Act, 7 U.S.C. § 208 (a), and awarding to the plaintiffs the net proceeds from the' sale by…”
Wallace v. Mathias, 864 F. Supp. 2d 826 (D. Neb. 2012). · cites it 2× “7 U.S.C. § 208 (a). And any person complaining of anything done in violation of the Act may petition the Secretary of Agriculture, who may then investigate the matter complained of.”
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). · cites it 3× “” The Department of Agriculture charged Bosma with purchasing consigned animals for speculation in violation of 7 U.S.C. § 208 (1982) 1 (prohibiting unjust and unreasonable practices by market agents), 7 U.”
United States v. Joey Haun, 124 F.3d 745 (6th Cir. 1997). “423 , 1990 WL 320315 (1990) (assessing penalty under § 312(b) of Act for willful violations of 7 U.S.C. §§ 208 , 213(a), 221).”
Corona Livestock Auction, Inc. v. United States Dep't of Agric. & the Packers & Stockyards Admin., 607 F.2d 811 (9th Cir. 1979). “§ 205 : All stockyard services furnished pursuant to reasonable request made to a stockyard owner or market agency at such stockyard shall be reasonable and nondiscriminatory and stockyard services which are furnished shall not be refused on any basis that is unreasonable or…”
Mid-South Order Buyers, Inc. v. Platte Valley Livestock, Inc., 315 N.W.2d 229 (Neb. 1982). · cites it 2× “(Platte Valley), under the provisions of the Packers and Stockyards Act, 7 U.S.C. §§ 208 et seq. (1976), to enforce, under the provisions of § 210(f), a reparation order for the payment of money made by the Secretary of Agriculture through his delegate.”
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