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

7 U.S.C. § 211

Order of Secretary as to charges or practices; prescribing rates and practices generally

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Whenever after full hearing upon a complaint made as provided in section 210 of this title, or after full hearing under an order for investigation and hearing made by the Secretary on his own initiative, either in extension of any pending complaint or without any complaint whatever, the Secretary is of the opinion that any rate, charge, regulation, or practice of a stockyard owner or market agency, for or in connection with the furnishing of stockyard services, is or will be violative of section 205, 206, or 208 of this title, the Secretary—(a) May in accordance with the standard set forth in section 206 of this title determine and prescribe what will be the rate or charge, or rates or charges, to be thereafter in such case observed as the maximum or minimum or both to be charged, and what regulation or practice is or will be just, reasonable, and nondiscriminatory to be thereafter followed: Provided, That the Secretary shall prescribe the rate or charge, or rates or charges, on a percentage or per head basis at the election of the stockyard owner or market agency, or on any other basis elected by the stockyard owner or market agency unless the Secretary finds such other basis to be violative of section 206 of this title; and(b) May make an order that such owner or operator (1) shall cease and desist from such violation to the extent to which the Secretary finds that it does or will exist; (2) shall not thereafter publish, demand, or collect any rate or charge for the furnishing of stockyard services other than the rate or charge or rates or charges so prescribed; and (3) shall conform to and observe the regulation or practice so prescribed.(Aug. 15, 1921, ch. 64, title III, § 310, 42 Stat. 166; Aug. 10, 1939, ch. 663, 53 Stat. 1351; Pub. L. 95–409, § 1(b), Oct. 2, 1978, 92 Stat. 886.)Editorial NotesAmendments

1978—Pub. L. 95–409, § 1(b)(1), in provision preceding subsec. (a), substituted “violative of section 205, 206 or 208 of this title” for “unjust, unreasonable, or discriminatory”.

Subsec. (a). Pub. L. 95–409, § 1(b)(2), substituted “May in accordance with the standard set forth in section 206 of this title determine and prescribe what will be the rate” for “May determine and prescribe what will be the just and reasonable rate”, and “as the maximum or minimum or both” for “as both the maximum and minimum”, and inserted proviso relating to prescription by the Secretary of rates or charges on a percentage or per head basis at the election of the owner or agency or any other basis unless violative of section 206 of this title.

Subsec. (b). Pub. L. 95–409, § 1(b)(3), substituted “other than the rate or charge or rates or charges” for “more or less than the rate or charge”.

1939—Subsec. (a). Act Aug. 10, 1939, substituted “as both” for “or the”.

Subsec. (b)(2). Act Aug. 10, 1939, substituted “more or less than the rate or charge so prescribed” for “other than the rate or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be”.

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1928–2023 · leading case: Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381 (1940).
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Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381 (1940). “*398 The problem of fixing reasonable prices for bituminous coal cannot be differentiated legally from the task of fixing rates under the Interstate Commerce Act ( 41 Stat.”
Morgan v. United States, 8 F. Supp. 766 (W.D. Mo. 1934). · cites it 3× “" 7 USCA § 211. Pursuant to the provisions of the act, the Secretary of Agriculture on his own initiative on April 7, 1930, ordered an inquiry into the reasonableness of the rates and charges of the petitioners for stockyard *768 services rendered by them.”
United States v. Donahue Bros., 59 F.2d 1019 (8th Cir. 1932). · cites it 2× “” Section 314 of the same act (7 USCA § 215) provides a penalty in the sum of $500 for each violation of a cease and desist order made under the provisions of sections 310, 31L, or 312 (7 USCA §§ 211, 212 or 213), and provides that such forfeiture shall be recoverable in a civil…”
Denver Union Stock Yard Co. v. United States, 57 F.2d 735 (D. Colo. 1932). · cites it 2× “Section 310 (7 USC 211 [7 USCA § 211]) gives the Secretary power either on his own initiative or upon complaint to prescribe a just and reasonable rate for services, upon a finding that existing rates are "unjust, unreasonable, or discriminatory.”
Denver Union Stock Yard Co. v. United States, 304 U.S. 470 (1938). “1 7 U. S. C. § 211 . “Whenever after full hearing .”
Giles Lowery Stockyards, Inc. D/B/A Lufkin Livestock Exch. v. Dep't of Agric., 565 F.2d 321 (5th Cir. 1977). “7 U.S.C. § 211 . Final administrative authority to decide rate cases under the Act has been delegated to the Department of Agriculture’s judicial officer, who in this case denied the requested rates and instead adopted a rate schedule proposed by the Department.”
Phillips Petroleum Co., a Delaware Corp. v. Fed. Power Comm'n, the State of New Mexico, Intervenors, 475 F.2d 842 (10th Cir. 1973). “There the Supreme Court reversed a decision establishing rates under section 310 of the Packers & Stockyards Act of 1921, 7 U.S.C. § 211 , because the administrative official making the decision did not hear the evidence, 298 U.”
S. Garment Mfrs. Ass'n v. Fleming, 122 F.2d 622 (D.C. Cir. 1941). “8 7 U.S.C.A. § 211 . 9 29 U.S.C.A. § 208 (d).”
United States v. Stand. Oil Co. of California, 20 F. Supp. 427 (S.D. Cal. 1937). “” The charge was made that the evidence had been taken before an examiner and that a request for a tentative report upon whieh oral argument might be heard before the Secretary, was denied.”
Cent. Arkansas Auction Sale, Inc. v. Bergland, 570 F.2d 724 (8th Cir. 1978). · cites it 3× “The judicial officer, under the authority of 7 U.S.C. § 211 , 2 denied petitioners’ requested rates and instead prescribed the rates to be charged by the auction markets.”
Morgan v. United States, 23 F. Supp. 380 (W.D. Mo. 1937). · cites it 6× “159 , 166, § 310; 7 U.S.C. § 211 , 7 U.S.C.A. § 211 ): "`Sec.”
Sioux City Stock Yards Co. v. United States, 49 F. Supp. 801 (N.D. Iowa 1943). · cites it 2× “166 , 7 U.S.C.A. § 211 . Section 301 of the Act, 42 Stat.”
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