9 CFR 201.216 - Additional capital investments criteria.

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§ 201.216 Additional capital investments criteria.
The Secretary may consider various criteria in determining whether a requirement that a poultry grower or swine production contract grower make additional capital investments over the life of a production contract or growing arrangement constitutes a violation of the Act. These criteria include, but are not limited to:
(a) Whether a packer, swine contractor or live poultry dealer failed to give a poultry grower or swine production contract grower discretion to decide against the additional capital investment requirement;
(b) Whether the additional capital investment is the result of coercion, retaliation or threats of coercion or retaliation by the packer, swine contractor or live poultry dealer;
(c) Whether the packer, swine contractor or live poultry dealer intends or does substantially reduce or end operations at the slaughter plant or processing facility or intends or does substantially reduce or end production operations within 12 months of requiring the additional capital investment, absent the occurrence of a catastrophic or natural disaster, or other emergency, such as unforeseen bankruptcy;
(d) Whether the packer, swine contractor, or live poultry dealer required some poultry growers or swine production contract growers to make additional capital investments, but did not require other similarly situated poultry growers or swine production contract growers to make the same additional capital investments;
(e) The age and number of recent upgrades to, or capital investments in, the poultry grower's or swine production contract grower's operations;
(f) Whether the cost of the required additional capital investments can reasonably be expected to be recouped by the poultry grower or swine production contract grower;
(g) Whether a reasonable time period to implement the required additional capital investments is provided to the poultry grower or swine production contract grower; and
(h) Whether equipment changes are required with respect to equipment previously approved and accepted by the packer, swine contractor, or live poultry dealer, if existing equipment is functioning as it was intended to function unless the packer, swine contractor, or live poultry dealer provides adequate compensation incentives to the poultry grower or swine production contract grower.
[76 FR 76889, Dec. 9, 2011]

Title 9 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 9.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-06-09; vol. 79 # 110 - Monday, June 9, 2014
    1. 79 FR 32859 - Scales; Accurate Weights, Repairs, Adjustments or Replacements After Inspection
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration
      Direct final rule; correction.
      This correction is effective June 30, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 30, 2014.
      9 CFR Part 201

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 181 - Short title

§ 182 - Definitions

§ 183 - When transaction deemed in commerce; “State” defined

§ 191 - “Packer” defined

§ 192 - Unlawful practices enumerated

§ 193 - Procedure before Secretary for violations

§ 194 - Conclusiveness of order; appeal and review

§ 195 - Punishment for violation of order

§ 196 - Statutory trust established; livestock

§ 197 - Statutory trust established; poultry

§ 197a - Production contracts

§ 197b - Choice of law and venue

§ 197c - Arbitration

§ 198 - Definitions

§ 198a - Swine packer marketing contracts offered to producers

§ 198b - Report on the Secretary’s jurisdiction, power, duties, and authorities

§ 201 - “Stockyard owner”; “stockyard services”; “market agency”; “dealer”; defined

§ 202 - “Stockyard” defined; determination by Secretary as to particular yard

§ 203 - Activity as stockyard dealer or market agency; benefits to business and welfare of stockyard; registration; penalty for failure to register

§ 204 - Bond and suspension of registrants

§ 205 - General duty as to services; revocation of registration

§ 206 - Rates and charges generally; discrimination

§ 207 - Schedule of rates

§ 208 - Unreasonable or discriminatory practices generally; rights of stockyard owner of management and regulation

§ 209 - Liability to individuals for violations; enforcement generally

§ 210 - Proceedings before Secretary for violations

§ 211 - Order of Secretary as to charges or practices; prescribing rates and practices generally

§ 212 - Prescribing rates and practices to prevent discrimination between intrastate and interstate commerce

§ 213 - Prevention of unfair, discriminatory, or deceptive practices

§ 214 - Effective date of orders

§ 215 - Failure to obey orders; punishment

§ 216 - Proceedings to enforce orders; injunction

§ 217 - Proceedings for suspension of orders

§ 217a - Fees for inspection of brands or marks

§ 218 to 218d - Repealed.

§ 221 - Accounts and records of business; punishment for failure to keep

§ 222 - Federal Trade Commission powers adopted for enforcement of chapter

§ 223 - Responsibility of principal for act or omission of agent

§ 224 - Attorney General to institute court proceedings for enforcement

§ 225 - Laws unaffected

§ 226 - Powers of Interstate Commerce Commission unaffected

§ 227 - Powers of Federal Trade Commission and Secretary of Agriculture

§ 228 - Authority of Secretary

§ 228a - Authority of Secretary to request temporary injunction or restraining order

§ 228b - Prompt payment for purchase of livestock

7 U.S. Code § 218 to 218d - Repealed.

7 U.S. Code § 218 to 218d - Repealed.

7 U.S. Code § 218 to 218d - Repealed.

7 U.S. Code § 218 to 218d - Repealed.

§ 228c - Federal preemption of State and local requirements

§ 228d - Annual assessment of cattle and hog industries

§ 229 - Annual report

§ 229c - Separability

Title 9 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 9 CFR 201 after this date.

  • 2014-06-09; vol. 79 # 110 - Monday, June 9, 2014
    1. 79 FR 32859 - Scales; Accurate Weights, Repairs, Adjustments or Replacements After Inspection
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration
      Direct final rule; correction.
      This correction is effective June 30, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 30, 2014.
      9 CFR Part 201