7 U.S.C. § 228

Authority of Secretary

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(a) Rules, regulations, and expenditures; appropriations

The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person; and shall have the power to appoint, remove, and fix the compensation of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, telegrams, telephones, law books, books of reference, periodicals, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere, and as may be appropriated for by Congress, and there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose.

(b) Deductions from proceeds for financing promotional, educational, and research activities

Notwithstanding any other provision of law, the authority of the Secretary under this chapter shall not apply to deductions made from sales proceeds for the purpose of financing promotion and research activities, including educational activities relating to livestock, meat, and other products covered by the chapter.

On or before February 15 of each calendar year beginning with calendar year 1977, or such other date as may be specified by the appropriate committee, the Secretary of Agriculture shall testify before the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Agriculture and provide justification in detail of the amount requested in the budget to be appropriated for the next fiscal year for the purposes authorized in this chapter.

(d) Development and promulgation of rules governing hearingsThe Secretary shall, not later than sixty days after September 13, 1976, prescribe and implement rules to assure that any hearing from which any order may issue under this chapter or any hearing the expenses of which are paid from funds authorized to be appropriated under this chapter shall—(1) if such hearing concerns a single unit of local government or the residents thereof, be held within the boundaries of such unit;(2) if such hearing concerns a single geographic area within a State or the residents thereof, be held within the boundaries of such area; or(3) if such hearing concerns a single State or the residents thereof, be held within such State.(e) DefinitionsFor the purposes of subsection (d)—(1) the term “unit of local government” means a county, municipality, town, township, village, or other unit of general government below the State level; and(2) the term “geographic area within a State” means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government.(Aug. 15, 1921, ch. 64, title IV, § 407, 42 Stat. 169; Pub. L. 85–909, § 4, Sept. 2, 1958, 72 Stat. 1750; Pub. L. 88–61, July 8, 1963, 77 Stat. 79; Pub. L. 94–410, § 11, Sept. 13, 1976, 90 Stat. 1252; Pub. L. 103–354, title II, § 293(b), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 103–437, § 4(a)(2), Nov. 2, 1994, 108 Stat. 4581.)Editorial NotesAmendments

1994—Subsec. (b). Pub. L. 103–354, § 293(b)(1), (2), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The Secretary shall maintain within the Department of Agriculture a separate enforcement unit to administer and enforce subchapter II of this chapter.”

Subsec. (c). Pub. L. 103–437, which directed the amendment of subsec. (d) by substituting “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”, was executed by making the amendment to subsec. (c) to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (c) by Pub. L. 103–354. See below.

Pub. L. 103–354, § 293(b)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsecs. (d) to (f). Pub. L. 103–354, § 293(b)(2), (3), redesignated subsecs. (d) to (f) as (c) to (e), respectively, and in subsec. (e) substituted “subsection (d)” for “subsection (e)”.

1976—Subsecs. (d) to (f). Pub. L. 94–410 added subsecs. (d) to (f).

1963—Subsec. (c). Pub. L. 88–61 added subsec. (c).

1958—Pub. L. 85–909 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesRegulations

Pub. L. 110–234, title XI, § 11006, May 22, 2008, 122 Stat. 1358, and Pub. L. 110–246, § 4(a), title XI, § 11006, June 18, 2008, 122 Stat. 1664, 2120, provided that: “As soon as practicable, but not later than 2 years after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall promulgate regulations with respect to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) to establish criteria that the Secretary will consider in determining—“(1) whether an undue or unreasonable preference or advantage has occurred in violation of such Act;“(2) whether a live poultry dealer has provided reasonable notice to poultry growers of any suspension of the delivery of birds under a poultry growing arrangement;“(3) when a requirement of additional capital investments over the life of a poultry growing arrangement or swine production contract constitutes a violation of such Act; and“(4) if a live poultry dealer or swine contractor has provided a reasonable period of time for a poultry grower or a swine production contract grower to remedy a breach of contract that could lead to termination of the poultry growing arrangement or swine production contract.”

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1941–2026 · leading case: S. Garment Mfrs. Ass'n v. Fleming, 122 F.2d 622 (D.C. Cir. 1941).

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S. Garment Mfrs. Ass'n v. Fleming, 122 F.2d 622 (D.C. Cir. 1941). · cites it 2× “10 7 U.S.C.A. § 228 . 11 29 U.S.C.A. § 204 (b).”

Excel Corp. v. United States Dep't of Agric., 397 F.3d 1285 (10th Cir. 2005). “That is because the USDA has been charged by Congress with administering the P & S Act, see 7 U.S.C. § 228 (outlining the authority of the Secretary of the USDA with regard to the P & S Act), and § 201.”

United States v. Joey Haun, 124 F.3d 745 (6th Cir. 1997). “at 401 ; see 7 U.S.C. § 228 (a). In recognition of the Act’s remedial nature, courts have construed its provisions liberally to effectuate its purposes.”

Fillippo v. S. Bonaccurso & Sons, Inc., 466 F. Supp. 1008 (E.D. Pa. 1978). “4) Having decided the federal Act determines plaintiff’s rights against the individual defendants, the Court considers the argument that neither 7 U.S.C. § 228 authorizing the Secretary of the Department of Agriculture to enforce the provisions of the Act, nor 7 U.”

Hedrick v. S. Bonaccurso & Sons, Inc., 466 F. Supp. 1025 (E.D. Pa. 1978). “Part 2: Can Plaintiff Bring a Private Cause of Action to Redress Violations of the Act? The memorandum of law in support of individual defendants Mary Bonaccurso’s and Samuel Bonaccurso’s motion for summary judgment argues that neither 7 U.S.C. § 228 authorizing the Secretary of…”

In Re Roxford Foods Litig., 790 F. Supp. 987 (E.D. Cal. 1991). “In 7 U.S.C. § 228 (a) & (b) it is provided in pertinent part: (a) The Secretary [of Agriculture] may make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter.”

Rowse v. Platte Valley Livestock, Inc., 604 F. Supp. 1463 (D. Neb. 1985). “§ 228 (a), a market agency may not pay the net proceeds from a consignment sale to anyone other than the consignor or shipper unless “(1) such market agency has reason to believe that such person is the owner of the livestock, (2) such person holds a valid, unsatisfied mortgage…”

Davis v. United States (In Re Farmers & Ranchers Livestock Auction, Inc.), 46 B.R. 781 (Bankr. E.D. Ark. 1984). “, 7 U.S.C. § 228 (a). 16 At the outset the Court notes that Randy Davis, d/b/a Cattleman’s Commission Company, corporate debtor Farmers & Ranchers, and individual debtors Billy Gene Davis and Mary Lavone Davis, as market agencies and dealers, are subject to the requirements of…”

United States v. Marshall Durbin & Co. Of Haleyville, Inc., & Marshall Durbin Broiler Prod., Inc., 363 F.2d 1 (5th Cir. 1966). “7 U.S.C. § 228 . 9 . With exceptions which are here not relevant.”

United States v. Eugene v. Wehrheim & Clinton Peterson D/B/A Wehrheim-Peterson Sales Pavilion, 332 F.2d 469 (8th Cir. 1964). · cites it 2× “) 7 U.S.C.A. § 228 also gives the Secretary authority to “ * * * make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter * * The Secretary has promulgated regulations requiring that any person operating or desiring to operate as a…”

N.P. Deoudes, Inc. v. Snyder (In Re Snyder), 171 B.R. 532 (Bankr. D. Md. 1994). “42 , promulgated under 7 U.S.C. § 228 . We could find no opinion holding that a PSA debtor serves in a fiduciary capacity under 7 U.”

Pickett v. IBP, Inc., 197 F.R.D. 510 (M.D. Ala. 2000). “” 7 U.S.C. § 228 (b). According to the plaintiffs, feedlots are not the “duly authorized representative,” of the seller, but rather are themselves the seller.”

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