U.S. Code » Title 7 » Chapter CHAPTER 56— UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF AGRICULTURAL PRODUCTS

7 U.S.C. § 2303

Prohibited practices

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It shall be unlawful for any handler knowingly to engage or permit any employee or agent to engage in the following practices:(a) To coerce any producer in the exercise of his right to join and belong to or to refrain from joining or belonging to an association of producers, or to refuse to deal with any producer because of the exercise of his right to join and belong to such an association; or(b) To discriminate against any producer with respect to price, quantity, quality, or other terms of purchase, acquisition, or other handling of agricultural products because of his membership in or contract with an association of producers; or(c) To coerce or intimidate any producer to enter into, maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers or a contract with a handler; or(d) To pay or loan money, give any thing of value, or offer any other inducement or reward to a producer for refusing to or ceasing to belong to an association of producers; or(e) To make false reports about the finances, management, or activities of associations of producers or handlers; or(f) To conspire, combine, agree, or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by this chapter.(Pub. L. 90–288, § 4, Apr. 16, 1968, 82 Stat. 94.)
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1973–2024 · leading case: Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010).
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Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010). · cites it 2× “Terry brought suit under the Agricultural Fair Practices Act of 1967 (“AFPA”), 7 U.S.C. § 2303 , alleging unlawful interference and discrimination based on his membership in the growers’ association; and the Packers and Stockyards Act (“PSA”), 7 U.”
Michigan Canners & Freezers Assn., Inc. v. Agric. Mktg. & Bargaining Bd., 467 U.S. 461 (1984). · cites it 2× “7 U. S. C. §2303 . Specifically, § 2303(a) forbids “handlers”— *465 defined to include both processors and producers’ associations 3 — to “coerce any producer in the exercise of his right to join and belong to or to refrain from joining or belonging to an association of…”
United Wild Rice, Inc. v. Nelson, 313 N.W.2d 628 (Minn. 1982). · cites it 3× “44 (1980), or unfair trade practices, 7 U.S.C. § 2303 (1976). The district court held in the affirmative.”
Larry Leonhardt, Dan Laursen, & Rick Rodriquez, Rodriquez Farms, Inc. v. W. Sugar Co., a Corp., 160 F.3d 631 (10th Cir. 1998). · cites it 3× “” 7 U.S.C. § 2303 (e). The complaint here alleged that Western Sugar violated the prohibition contained in § 2303(e) by “conducting] cossette tests on the 1985-1995 crops contrary to the standards established by the U.”
Nat'l Broiler Mktg. Ass'n v. United States, 436 U.S. 816 (1978). · cites it 2× “" 7 U. S. C. § 2303 (b) (1976 ed.) (emphasis added).”
Massachusetts Med. Soc'y v. Michael S. Dukakis, 815 F.2d 790 (1st Cir. 1987). “an association of producers’ ” (quoting 7 U.S.C. § 2303 (a))); Fidelity Federal Savings & Loan Association v.”
Ripplemeyer v. Nat'l Grape Co-Op. Ass'n, Inc., 807 F. Supp. 1439 (W.D. Ark. 1992). · cites it 2× “§§ 1-2 ; 2) violations of the Agricultural Fair Practices Act of 1967, 7 U.S.C. § 2303 ; 3) violations of the Securities and Exchange Act of 1934, § 10(b), 15 U.”
Baldree v. Cargill, Inc., 758 F. Supp. 704 (M.D. Fla. 1990). · cites it 2× “§ 192 (b); and (iii) coercion, intimidation and discrimination against agricultural producers based on their exercise of their legal rights to affiliate with an association of producers, in violation of 7 U.S.C. § 2303 . (b) Cargill terminated Gaskins to hamper and prevent the…”
Newark Gardens, Inc. v. Michigan Potato Indus. Comm'n, 847 F.2d 1201 (6th Cir. 1988). · cites it 6× “*1204 7 U.S.C. § 2303 (a), (c) (emphasis added).”
Butz v. Lawson Milk Co., Div. Consol. Foods Corp., 386 F. Supp. 227 (N.D. Ohio 1974). · cites it 6× “In Count I, the Secretary alleges that Lawson’s has interfered with the right of an individual producer of milk, John Weir, to join an association of producers in violation of 7 U.S.C. § 2303 , by terminating its contract with Weir for the purchase of his milk solely because…”
Kinnett Dairies, Inc. v. Dairymen, Inc., 512 F. Supp. 608 (M.D. Ga. 1981). “§§ 13 and 14 (1973)), Section 4 of the Agricultural Fair Practices Act of 1967 ( 7 U.S.C. § 2303 (1973)), and breach of contract.”
Bybee Farms, LLC v. Snake River Sugar Co., 563 F. Supp. 2d 1184 (E.D. Wash. 2008). · cites it 2× “an association of producers,” 7 U.S.C. § 2303 (a), or to knowingly “coerce or intimidate any producer to .”
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