[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR203.12]

[Page 52-53]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 
       (PACKERS AND STOCKYARDS PROGRAMS),DEPARTMENT OF AGRICULTURE
 
PART 203_STATEMENTS OF GENERAL POLICY UNDER THE PACKERS AND STOCKYARDS 
ACT--Table of Contents
 
Sec. 203.12  Statement with respect to providing services and facilities 
at stockyards on a reasonable and nondiscriminatory basis.

    (a) Section 304 of the Packers and Stockyards Act (7 U.S.C. 205) 
provides that: ``All stockyard services furnished

[[Page 53]]

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 un reasonable or unjustly discrimina tory * * *.''
    (b) Section 305 of the Act (7 U.S.C. 206) states that: ``All rates 
or charges made for any stockyard services furnished at a stockyard by a 
stockyard owner or market agency shall be just, reasonable, and 
nondiscrimina tory * * *.''
    (c) Section 307 (7 U.S.C. 208) provides that: ``It shall be the duty 
of every stockyard owner and market agency to establish, observe, and 
enforce just, reasonable, and non discriminatory regulations and 
practices in respect to the furnishing of stockyard services * * *.''
    (d) Section 312(a) (7 U.S.C. 213(a)) provides that: ``It shall be 
unlawful for any stockyard owner, market agency, or dealer to engage in 
or use any unfair, unjustly discriminatory, or deceptive practice or 
device in connection with determining whether persons should be 
authorized to operate at the stockyards, or with the receiving, 
marketing, buying, or selling on a commission basis or otherwise, 
feeding, watering, holding, delivery, shipment, weighing or handling, in 
commerce, of livestock.''
    (e) Section 301(b) (7 U.S.C. 201(b)) defines ``stockyard services'' 
as any ``services or facilities furnished at a stockyard in connection 
with the receiving, buying, or selling on a commission basis or 
otherwise, marketing, feeding, watering, holding, delivery, shipment, 
weighing, or handling, in commerce, of livestock.''
    (f) It is the view of the Grain Inspection, Packers and Stockyards 
Administration (Packers and Stockyards Programs) that it is a violation 
of sections 304, 307, and 312(a) of the Act for a stockyard owner or 
market agency to discriminate, in the furnishing of stockyard services 
or facilities or in establishing rules or regulations at the stockyard, 
because of race, religion, color, or national origin of those persons 
using the stockyard services or facilities. Such services and facilities 
include, but are not limited to, the restaurant, restrooms, drinking 
fountains, lounge accommodations, those furnished for the selling, 
weighing, or other handling of the livestock, and facilities for 
observing such services.
    (g) If the Grain Inspection, Packers and Stockyards Administration 
(Packers and Stockyards Programs) has reason to believe that any 
stockyard owner or market agency has so discriminated in the furnishing 
of stockyard services or facilities, consideration will be given to the 
issuance of a complaint charging the stockyard or market agency with 
violations of the Act.

(Sec. 407(a), 42 Stat. 159, 72 Stat. 1750; 7 U.S.C. 228(a). Interprets 
or applies secs. 304, 307, 312, 42 Stat. 161 et seq., as amended, 7 
U.S.C. 205, 208, 213)

[33 FR 17621, Nov. 26, 1968]