9 CFR 201.100 - Records to be furnished poultry growers and sellers.

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§ 201.100 Records to be furnished poultry growers and sellers.

(a)Poultry growing arrangement; timing of disclosure. As a live poultry dealer who offers a poultry growing arrangement to a poultry grower, you must provide the poultry grower with a true written copy of the offered poultry growing arrangement on the date you provide the poultry grower with poultry house specifications.

(b)Right to discuss the terms of poultry growing arrangement offer. As a live poultry dealer, notwithstanding any confidentiality provision in the poultry growing arrangement, you must allow poultry growers to discuss the terms of a poultry growing arrangement offer with:

(1) A Federal or State agency;

(2) The grower's financial advisor or lender;

(3) The grower's legal advisor;

(4) An accounting services representative hired by the grower;

(5) Other growers for the same live poultry dealer; or

(6) A member of the grower's immediate family or a business associate. A business associate is a person not employed by the grower, but with whom the grower has a valid business reason for consulting with when entering into or operating under a poultry growing arrangement.

(c)Contracts; contents. Each live poultry dealer that enters into a poultry growing arrangement with a poultry grower shall furnish the grower with a true written copy of the poultry growing arrangement, which shall clearly specify:

(1) The duration of the contract and conditions for the termination of the contract by each of the parties;

(2) All terms relating to the payment to be made to the poultry grower, including among others, where applicable, the following:

(i) The party liable for condemnations, including those resulting from plant errors;

(ii) The method for figuring feed conversion ratios;

(iii) The formula or method used to convert condemnations to live weight;

(iv) The per unit charges for feed and other inputs furnished by each party; and

(v) The factors to be used when grouping or ranking poultry growers; and

(3) Whether a performance improvement plan exists for that grower, and if so specify any performance improvement plan guidelines, including the following:

(i) The factors considered when placing a poultry grower on a performance improvement plan;

(ii) The guidance and support provided to a poultry grower while on a performance improvement plan; and

(iii) The factors considered to determine if and when a poultry grower is removed from the performance improvement plan and placed back in good standing, or when the poultry growing arrangement will be terminated.

(d)Settlement sheets; contents; supporting documents. Each live poultry dealer, who acquires poultry pursuant to a contract with a poultry grower, shall prepare a true and accurate settlement sheet (final accounting) and furnish a copy thereof to the poultry grower at the time of settlement. The settlement sheet shall contain all information necessary to compute the payment due the poultry grower. For all such arrangements in which the weight of birds affects payment, the settlement sheet shall show, among other things, the number of live birds marketed, the total weight and the average weight of the birds, and the payment per pound.

(e)Condemnation and grading certificates. Each live poultry dealer, who acquires poultry pursuant to a contract with a poultry grower which provides that official U.S. Department of Agriculture condemnations or grades, or both, are a consideration affecting payment to the grower, shall obtain an official U.S. Department of Agriculture condemnation or grading certificate, or both, for the poultry and furnish a copy thereof to the poultry grower prior to or at the time of settlement.

(f)Grouping or ranking sheets. Where the contract between the live poultry dealer and the poultry grower provides for payment to the poultry grower based upon a grouping or ranking of poultry growers delivering poultry during a specified period, the live poultry dealer shall furnish the poultry grower, at the time of settlement, a copy of a grouping or ranking sheet which shows the grower's precise position in the grouping or ranking sheet for that period. The grouping or ranking sheet need not show the names of other growers, but shall show the actual figures upon which the grouping or ranking is based for each grower grouped or ranked during the specified period.

(g)Live poultry purchases. Each live poultry dealer who purchases live poultry shall prepare and deliver a purchase invoice to the seller at time of settlement. The purchase invoice shall contain all information necessary to compute payment due the seller. When U.S. Department of Agriculture condemnations or U.S. Department of Agriculture grades, or both, of poultry purchased affect final payment, copies of official U.S. Department of Agriculture condemnation certificates or grading certificates, or both, shall be furnished to the seller at or prior to the time of settlement.

(h)Written termination notice; furnishing, contents.

(1) A live poultry dealer that ends a poultry growing arrangement with a poultry grower due to a termination, non-renewal, or expiration and subsequent non-replacement of a poultry growing arrangement shall provide the poultry grower with a written termination notice at least 90 days prior to the termination of the poultry growing arrangement. Written notice issued to a poultry grower by a live poultry dealer regarding termination shall contain the following:

(i) The reason(s) for termination;

(ii) When the termination is effective; and

(iii) Appeal rights, if any, that a poultry grower may have with the live poultry dealer.

(2) A live poultry dealer's poultry growing arrangement with a poultry grower shall also provide the poultry grower with the opportunity to terminate its poultry growing arrangement in writing at least 90 days prior to the termination of the poultry growing arrangement.

(Approved by the Office of Management and Budget under control number 0580-0015)
[ 54 FR 16356, Apr. 24, 1989; 54 FR 18713, May 2, 1989, as amended at 68 FR 75388, Dec. 31, 2003; 74 FR 63277, Dec. 3, 2009]

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. Pub. L. 100–173, § 10, Nov. 23, 1987, 101 Stat. 922

§ 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 § 228b–1 - Final date for making payment to cash seller or poultry grower

7 U.S. Code § 228b–2 - Violations by live poultry dealers

7 U.S. Code § 228b–3 - Judicial review of order regarding live poultry dealer

7 U.S. Code § 228b–4 - Violation of final order by live poultry dealer; penalty

§ 228c - Federal preemption of State and local requirements

§ 228d - Annual assessment of cattle and hog industries

§ 229 - Repealed. Pub. L. 110–234, title XI, 11004(b), May 22, 2008, 122 Stat. 1356, and Pub. L. 110–246, § 4(a), title XI, § 11004(b), June 18, 2008, 122 Stat. 1664, 2118

§ 229c - Separability

Title 9 published on 06-Jun-2018 03:51

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

  • 2017-10-18; vol. 82 # 200 - Wednesday, October 18, 2017
    1. 82 FR 48594 - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration
      Final rule; withdrawal.
      The interim final rule published on December 20, 2016 (81 FR 92566), is withdrawn as of October 18, 2017.
      9 CFR Part 201