[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR201.33]



[Page 11-12]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

      (PACKERS AND STOCKYARDS PROGRAMS), DEPARTMENT OF AGRICULTURE

 

PART 201_REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT--

Table of Contents

 

Sec. 201.33  Persons damaged may maintain suit; filing and notification of claims; time limitations; legal expenses.



    Each bond and each bond equivalent filed pursuant to the regulations 

in this part shall contain provisions that:

    (a) Any person damaged by failure of the principal to comply with 

any condition clause of the bond or bond equivalent may maintain suit to 

recover on the bond or bond equivalent even though such person is not a 

party named in the bond or bond equivalent;

    (b) Any claim for recovery on the bond or bond equivalent must be 

filed in writing with either the surety, if any, or the trustee, if any, 

or the Administrator, and whichever of these parties receives such a 

claim shall notify the other such party or parties at the earliest 

practical date;

    (c) The Administrator is authorized to designate a trustee pursuant 

to Sec. 201.32;

    (d) The surety on the bond, or the trustee on the bond equivalent, 

as the case may be, shall not be liable to pay any claim if it is not 

filed in writing within 60 days from the date of the transaction on 

which the claim is based or if suit thereon is commenced less than 120 

days or more than 547 days from the date of the transaction on which the 

claim is based;



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    (e) The proceeds of the bond or bond equivalent, as the case may be, 

shall not be used to pay fees, salaries, or expenses for legal 

representation of the surety or the principal.



[56 FR 2128, Jan. 22, 1991]