9 CFR 201.217 - Reasonable period of time to remedy a breach of contract.

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§ 201.217 Reasonable period of time to remedy a breach of contract.

The Secretary may consider various criteria when determining whether a packer, swine contractor or live poultry dealer has provided a poultry grower or swine production contract grower a reasonable period of time to remedy a breach of contract that could lead to contract termination. These criteria do not limit a packer, swine contractor or live poultry dealer's rights under a contract or agreement where food safety or animal welfare is concerned. These criteria, include, but are not limited to:

(a) Whether the packer, swine contractor or live poultry dealer provided written notice of the breach of contract to the poultry grower or swine production contract grower upon initial discovery of that breach of contract if the packer, swine contractor or live poultry dealer intends to take an adverse action, including termination of a contract, against the poultry grower or swine production contract grower based on that breach of contract by the poultry grower or swine production contract grower;

(b) Whether the notice in paragraph (a) of this section includes the following:

(1) A description of the act or omission believed to constitute a breach of contract, including identification of the section of the contract believed to have been breached;

(2) The date of the breach;

(3) The means by which the poultry grower or swine production contract grower can satisfactorily remedy the breach, if possible, based on the nature of the breach; and

(4) A date that provides a reasonable time, based on the nature of the breach, by which the breach must be remedied.

(c) Whether the packer, swine contractor or live poultry dealer took into account the poultry grower's or swine production contract grower's ongoing responsibilities related to the raising and handling of the poultry or swine under their care when establishing the date by which a breach should be remedied; and

(d) Whether the poultry grower or swine production contract grower was afforded adequate time from the date of the notice of the alleged breach to rebut the allegation of a breach.

[76 FR 76889, Dec. 9, 2011]

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

§ 228b-1

§ 228b-2

§ 228b-3

§ 228b-4

§ 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 2015-01-01

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

  • 2015-08-10; vol. 80 # 153 - Monday, August 10, 2015
    1. 80 FR 47871 - Market Agencies Selling on Commission; Purchases From Consignment
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration
      Request for information; Extension of comment period.
      The comment period for the Request for Information published at 80 FR 34097, June 15, 2015, which originally was to close August 14, 2015, is extended through October 13, 2015.
      9 CFR Part 201