The definitions of terms contained in the Act shall apply to such terms when used in the Regulations under the Packers and Stockyards Act, 9 CFR part 201; Rules of Practice Governing Proceedings under the Packers and Stockyards Act, 9 CFR part 202; Statements of General Policy under the Packers and Stockyards Act, 9 CFR part 203; and Organization and Functions, 9 CFR part 204. In addition the following terms used in these parts shall be construed to mean:
(a)Act means the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181et seq.).
(b)Department means the United States Department of Agriculture.
(c)Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department authorized to act for the Secretary.
(d)Administration or agency means the Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs).
(e)Administrator or agency head means the Administrator of the Administration or any person authorized to act for the Administrator.
(f)Regional Supervisor means the regional supervisor of the Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs) for a given area or any person authorized to act for the regional supervisor.
(g)Person means individuals, partnerships, corporations, and associations.
(h)Registrant means any person registered pursuant to the provisions of the Act and the regulations in this part.
(i)Stockyard means a livestock market which has received notice under section 302(b) of the Act that it has been determined by the Secretary to come within the definition of “stockyard” under section 302(a) of the Act.
(j)Schedule means a tariff of rates and charges filed by stockyard owners and market agencies.
(k)Custom Feedlot means any facility which is used in its entirety or in part for the purpose of feeding livestock for the accounts of others, but does not include feeding incidental to the sale or transportation of livestock.
(m)Principal part of performance means the raising of, and caring for livestock or poultry, when used in connection with a livestock or poultry production contract.
(n)Additional capital investment means a combined amount of $12,500 or more per structure paid by a poultry grower or swine production contract grower over the life of the poultry growing arrangement or swine production contract beyond the initial investment for facilities used to grow, raise and care for poultry or swine. Such term includes the total cost of upgrades to the structure, upgrades of equipment located in and around each structure, goods and professional services that are directly attributable to the additional capital investment. The term does not include costs of maintenance or repair.
(o)Suspension of delivery of birds means the failure of a live poultry dealer to deliver a new poultry flock before the date payment is due to a poultry grower for the previous flock under section 410 of the Act.
[46 FR 50510, Oct. 14, 1981, as amended at 76 FR 76888, Dec. 9, 2011]
Title 9 published on 2015-01-01.
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