Page:United States Statutes at Large Volume 90 Part 1.djvu/1299

 PUBLIC LAW 9 4 - 4 1 0 — S E P T. 13, 1976

90 STAT. 1249

Public Law 94-410 94th Congress An Act To amend the Packers and Stockyards Act of 1921, as amended, and for other purposes.

bept. 13, 1976 [H.R. 8410]

Be it enacted by the Senate and House of Representatives of the United States of Ame7^ca in Congress assembled, That the proviso in Packers and the paragraph designated "Packers and Stockyards Act " under the Stockyards heading " M A R K P: T I N G S E R VI C P: " in the Act of July 12, 1943

Act of 1921,

(57 Stat. 422; 7 U.S.C. 204), is amended by striking out "market agency and dealer" and inserting in lieu thereof "market agency (as defined in title III of the Act), every packer (as defined in title II of the Act) in connection with its livestock purchasing operations (except that those packers whose average annual purchases do not exceed $500,000 will be exempt from the provisions of this paragraph), and every other person operating as a dealer (as defined in title III of the Act) ". SEC. 2. Section 201 of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 191) is amended to read as follows: " SEC. 201. W h e n used in this Act the term 'packer' means any person en<;aged in the business (a) of buying livestock in commerce for purposes of slaughter, or (b) of manufacturing or p r e p a r i n g meats or meat food products for sale or shipment in commerce, or (c) of marketing meats, meat food products, or livestock products in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce.". SEC. 3. (a) Sections 202 and 312(a) of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 192 and 2 1 3 (a)) are amended by deleting the phrase "in commerce" wherever it appears in those sections, and by deleting the commas immediately before and following the phrase "in commerce" in sections 202(b) and 312(a) of the Act ( 7 U.S.C. 192(b) and 2 1 3 (a)). (b) Sections 203(b) and 312(b) of the Packers and Stockyards Act (7 U.S.C. 193(b) and 2 1 3 (b)) are amended by adding a t the end of both sections the following new sentences: " The Secretary may also assess a civil penalty of not more than $10,000 for each such violation. I n determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person's ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.".^ (c) The Packers and Stockyards Act, 1921, as amended, is amended by striking out the words "live stock" and "live-stock" wherever they appear in the Act and substituting therefor "livestock". SEC. 4. The proviso in the paragraph designated "Packers and Stockyards Act " under the heading " M A R K E T I N G SERVICE " in the Act of July 12, 1943 (57 Stat. 422; 7 U.S.C. 204), is further

amendments, 7 USC 201. Infra.

"Packer."

Penalty,

7 USC 182, 183, 201, 207, 210, 212, 213.

�