[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: 9CFR201.39]



[Page 12-13]

 

                  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. 201.39  Payment to be made to consignor or shipper by market agencies; exceptions.



    (a) No market agency shall, except as provided in paragraph (b) of 

this section, pay the net proceeds or any part thereof, arising from the 

sale of livestock consigned to it for sale, to any person other than the 

consignor or shipper of such livestock except upon an order from the 

Secretary or a court of competent jurisdiction, 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 or lien 

upon the particular livestock, or (3) such person holds a written order 

authorizing such payment executed by the owner at the time of or 

immediately following the consignment of such livestock: Provided, That 

this paragraph 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 Act, carried out by producer-sponsored 

organizations.

    (b) The net proceeds arising from the sale of livestock, the 

ownership of which has been questioned by a market agency duly 

authorized to inspect brands, marks, and other identifying 

characteristics of livestock may be paid in accordance with the 

directions of such brand inspection agency if the laws of the State from 

which such livestock originated or was shipped to market make provision 

for payment of the proceeds in the manner directed by the brand 

inspection agency and if the market agency to which the livestock was 

consigned, and the consignor or consignors concerned, are unable to 

establish the ownership of the livestock



[[Page 13]]



within a reasonable period of time, not to exceed 60 days after sale.



(7 U.S.C. 181 et seq.)



[19 FR 4528, July 22, 1954, as amended at 28 FR 7218, July 13, 1963; 44 

FR 45361, Aug. 2, 1979]