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PUBLIC LAW 90-446-JULY 31, 1968

[82 STAT.

more nonprofit corporations or orgaiuzations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual, but only if such agency, organization, or institution was in existence at least two years before the date of an application under this Act. Such term shall not be construed to include the Office of Economic Opportunity. Participation by the Office of Economic Opportunity is expressly prohibited in administering this Act. (5) The term "Secretary"' means the Secretary of Health, Education, and Welfare. Approved July 31, 1968.

Public Law 90-446 July 31, 1968 [ H. R. 10673]

P a c k e r s and Stockyards Act, amendment. 42 Stat. 163; 72 Stat. 1750. "Stockyard."

Market a g e n c i e s and d e a l e r s, approval by stockyard owners.

7 USC 201. Penalty.

Services without discrimination. 44 Stat. 397.

AN ACT To amend title III of the Packers and Stockyards Act, 1921, as amended.

Be It enacted by the Seriate and House of Representative.^ of the United States of America in Congress assembled, That title III of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 201 et seq.), is amended as follows: (a) Section 302(a) (7 U.S.C. 202(a)) is amended to read: "'(a) When used in this title the term 'stockyard' means any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce."' (b) Section 303 (7 U.S.C. 203) is amended to read: "SEC. 303. After the expiration of thirty da;^s after the Secretary has given public notice that any stockyard is within the definition of section 302, by posting copies of such notice in the stockyard, no person shall carry on the business of a market agency or dealer at such stockyard unless (1) the stockvard owner has determined that his services wdll be beneficial to the Wsiness and welfare of said stockyard, its patrons, and customers, which determination shall be made on a basis which is not unreasonable or unjustly discriminatory, and has given written authorization to such person, and (2) he has registered with the Secretary, under such rules and regulations as the Secretary may prescribe, his name and address, the character of business in which he is engaged, and the kinds of stockyards services, if any, which he furnishes at such stockyard. Every other person operating as a market agency or dealer as defined in section 301 of the Act may be required to register in such manner as the Secretary may prescribe. Whoever violates the provisions of this section shall be liable to a penalty of not more than $500 for each such offense and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States." (c) Section 304 (7 U.S.C. 205) is amended to read: '"SEC. 304. All stockyard services furnished 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 unreasonable or unjustly discriminatory: Provided, That in any State where the weighing of livestock at a stockyard is conducted by a duly authorized department or agency of the State, the Secretary, upon application

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