[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2006]

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]