7 U.S.C. § 209

Liability to individuals for violations; enforcement generally

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(a) If any person subject to this chapter violates any of the provisions of this chapter, or of any order of the Secretary under this chapter, relating to the purchase, sale, or handling of livestock, the purchase or sale of poultry, or relating to any poultry growing arrangement or swine production contract, he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation.(b) Such liability may be enforced either (1) by complaint to the Secretary as provided in section 210 of this title, or (2) by suit in any district court of the United States of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.(Aug. 15, 1921, ch. 64, title III, § 308, 42 Stat. 165; Pub. L. 94–410, § 6, Sept. 13, 1976, 90 Stat. 1250; Pub. L. 100–173, § 5, Nov. 23, 1987, 101 Stat. 918; Pub. L. 107–171, title X, § 10502(b)(2)(B), May 13, 2002, 116 Stat. 510.)Editorial NotesAmendments

2002—Subsec. (a). Pub. L. 107–171 inserted “or swine production contract” after “poultry growing arrangement”.

1987—Subsec. (a). Pub. L. 100–173 inserted “the purchase or sale of poultry, or relating to any poultry growing arrangement,” after “livestock,”.

1976—Subsec. (a). Pub. L. 94–410 struck out references to violations of specific sections and added packers to categories of regulated persons against whom private action could be brought for violation of chapter.

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.

Notes of Decisions
Cited in 47 cases (2 in the last 5 years), 1942–2023 · leading case: Been v. O.K. Indus., Inc., 495 F.3d 1217 (10th Cir. 2007).
Been v. O.K. Indus., Inc., 495 F.3d 1217 (10th Cir. 2007). · cites it 8× “1995) (holding that the only means of enforcing § 202 against live poultry dealers is to file suit in federal district court under § 308, 7 U.S.C. § 209 (a)). [6] Moreover, we afford the USDA's position as stated in its amicus brief before the Eleventh Circuit little to no…”
Fillippo v. S. Bonaccurso & Sons, Inc., 466 F. Supp. 1008 (E.D. Pa. 1978). · cites it 6× “Whatever may have been the law prior to the Act’s amendment in 1976, 7 U.S.C. § 209 (a) expanded the claims which may be enforced by private parties to include suits by an unpaid cash seller against a packer.”
Kinkaid v. John Morrell & Co., 321 F. Supp. 2d 1090 (N.D. Iowa 2004). · cites it 5× ““Section 308(a) of the PSA, as amended [ 7 U.S.C. § 209 (a) ], provides that any person subject to the statute who violates any of its provisions relating to the purchase or sale of [livestock] .”
Montana-Dakota Utils. Co. v. Nw. Pub. Serv. Co., 341 U.S. 246 (1951). · cites it 2× “165 , 7 U. S. C. § 209 . But it was not given to the Federal Power Commission.”
Jackson v. Swift-Eckrich, Inc., 836 F. Supp. 1447 (W.D. Ark. 1993). · cites it 5× “The court went on to point out that the doctrine applied even though the provisions of § 308 of the Act, 7 U.S.C. § 209 , appeared to specifically give an injured party the right to damages to be enforced either by complaint to the Secretary of Agriculture or by *1453 suit in…”
Hedrick v. S. Bonaccurso & Sons, Inc., 466 F. Supp. 1025 (E.D. Pa. 1978). · cites it 4× “This may be so, but as amended in 1976, 7 U.S.C. § 209 (a) expanded the claims which may be enforced by private parties to include suits by an unpaid cash seller against a packer.”
Jackson v. Swift-Eckrich, 830 F. Supp. 486 (W.D. Ark. 1993). · cites it 5× “7 U.S.C. § 209 . See also Baldree v. Cargill, Inc.”
CPC Livestock, LLC v. Fifth Third Bank, Inc., 495 B.R. 332 (Bankr. W.D. Ky. 2013). · cites it 3× “Additionally, Fifth Third highlights that the PSA provides a private remedy for individuals who are harmed by PSA violations pursuant to 7 U.S.C. § 209 (a). See Cent. Trust Co. v.”
Rowse v. Platte Valley Livestock, Inc., 604 F. Supp. 1463 (D. Neb. 1985). · cites it 4× “Courts interpreting the same statutory language at issue here— “shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation,” compare 7 U.S.C. § 209 (a) with former 49 U.S.C. § 8 (repealed 1978))— have long…”
Cent. Trust Co. v. B & L LEASING, 669 F. Supp. 828 (S.D. Ohio 1987). · cites it 5× “” 7 U.S.C. § 209 . “Person” includes individuals, partnerships and associations.”
Harold Bruce London v. Fieldale Farms Corp., 410 F.3d 1295 (11th Cir. 2005). “” 7 U.S.C. § 209 (a). B. Issues 1. Section 202(a) requires an anti-competitive effect.”
Bokum Resources Corp. v. Long Island Lighting Co. (In Re Bokum Resources Corp.), 49 B.R. 854 (Bankr. D.N.M. 1985). “, supra, was to enforce statutory trust rights under the Packers and Stockyards Act and was a civil proceeding that, in the absence of a petition in bankruptcy, could have been brought in a district court pursuant to 7 U.”
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