Mr. WELLS. They are rather long, because when you post a market, it also means you have a man on the job who is qualified to check operating procedures and who stands ready to investigate complaints made involving unfair, deceptive, and discriminatory practices, and so on. I should say about 20 pages of regulations. (The information referred to follows:) REGULATIONS OF THE SECRETARY OF Agriculture PROMULGATED UNDER THE PACKERS AND STOCKYARDS ACT, 1921, AS AMENDED REGULATIONS OF THE SECRETARY OF AGRICULTURE PROMULGATED UNDER THE PACKERS AND STOCKYARDS ACT, 1921, AS AMENDED-Continued 201.71 201.72 Restriction or limitation of com- SERVICES Accurate weights. Scales; testing of. Scales; reports of tests and inspections. Scales; repairs, adjustments, or replacements after inspection. Reweighing. Weighing for purposes other than purchase or sale. Packer scales. Facilities and services at posted stockyards or designated cities, markets, or places. Stockyard facilities or services to be furnished only to unsuspended, properly registered, and bonded parties. Suspended or revoked registrants or licensees. Livestock: care and promptness in yarding, feeding, watering, weighing and handling. Live poultry; care and promptness in feeding, watering, weighing, transporting, and handling. Feed and water furnished livestock or live poultry. Livestock auctions; requirements as to accommodations and persons entering auction ring. INSPECTION OF BRANDS Application for authorization by Two or more applications from same Registration and filing of schedules. Fees; deduction and accounting. ments by authorized agencies or Maintenance of identity of consignments; inspection to be expedited. Existing contracts between authorized agencies; recognition and continuation. GENERAL Information as to business; furnishing of by packers, stockyard ownners, registrants, and licensees. Inspection of records and property of packers, stockyard owners, registrants, and licensees. 201.96 Packers, stockyard owners, registrants, or licensees; information concerning business not to be divulged. 201.97 Annual reports. AUTHORITY: §§ 201.1 to 201.97 issued un201.73 Scale operators to be competent. der sec. 407, 42 Stat. 169; 7 U. S. C. 228. DEFINITIONS § 202.1 Meaning of words. Words used in these regulations in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. § 201.2 Terms defined. The definitions of terms contained in the act shall apply to such terms when used in these regulations. In addition, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: (a) "Act" means the Packers and Stockyards Act, 1921, as amended and supplemented (7 U. S. C. 181 et 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 to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. (d) "Service" means the Agricultural Marketing Service of the Department. (e) "Administrator" means the Administrator of the Service or any person authorized to act in his stead. (f) "Deputy Administrator" means the Deputy Administrator for Marketing Services of the Service or any person authorized to act in his stead. (g) "Livestock Division" means the Livestock Division of the Service. (h) "Director" means the Director of the Livestock Division or any person authorized to act in his stead. (i) "Branch" means the Packers and Stockyards Branch of the Livestock Division. (j) "Chief" means the Chief of the Branch or any person authorized to act in his stead. (k) "District Supervisor" means the District Supervisor of the Branch for a given district or any person authorized to act in his stead. (1) "Person" means individuals, partnerships, corporations, and associations. (m) "Registrant" means any person registered pursuant to the provisions of the act and these regulations. (n) "Licensee" means any person licensed pursuant to the provisions of the act and these regulations. (o) "Posted Stockyard” means a livestock market determined by the Secretary to come within the definition of the term "stockyard" contained in section 302 of the act, notice of which determination shall have been given pursuant to such section. (p) "Designation" means the designation of a city, and the markets and places in or near such city, pursuant to the provisions of title V of the act. (q) "Schedule" means a tariff of rates and charges filed by stockyard owners, market agencies, and licensees. ADMINISTRATION § 201.3 Authority. The Administrator shall perform such duties as the Secretary may require in enforcing the provisions of the act and these regulations. APPLICABILITY OF INDUSTRY RULES § 201.4 Bylaws, rules and regulations, and requirements of exchanges, associations, or other organizations; applicability, establishment. (a) These regulations shall not prevent the legitimate application or enforcement of any valid bylaw, rule or regulation, or requirement of any exchange, association, or other organization, or any other valid law, rule or regulation, or requirement to which any packer, stockyard owner, market agency, dealer, or licensee shall be subject which is not inconsistent or in conflict with the act and these regulations. (b) Market agencies selling livestock on commission shall not, in carrying out the statutory duty imposed upon them by section 307 of title III of the act, permit dealers, packers, or others representing interests which conflict with those of consignors, to participate, directly or indirectly, in determination of the need for, or in the establishment of, regulations governing, or practices relating to, the responsibilities, duties, or obligations of such market agencies to their consignors. POSTING STOCKYARDS $201.5 Investigation, notice, and posting of stockyards. After it has been determined, as provided in section 302 (b) of the act, that a stockyard comes within the definition of that term contained in section 302 (a), posting of a stockyard shall be accomplished by (a) giving notice of such determination to the stockyard owner by registered mail or in person, and (b) giving notice thereof to the public by posting copies of such notice in at least three conspicuous places at such stockyard and by publication of the determination in the Federal Register. A stockyard so posted shall remain subject to the provisions of the act and these regulations until the stockyard has been deposted. §201.6 Investigation, notice, and deposting of stockyards. After it has been determined, as provided in section 302 (b) of the act, that a stockyard no longer comes within the definition of that term contained in section 302 (a), deposting of a stockyard shall be accomplished by (a) giving notice of such determination to the stockyard owner by registered mail or in person, and (b) giving notice thereof to the public by posting copies of such notice in at least three conspicuous places at such stockyard and by publication of the determination in the Federal Register. § 201.7 Change in name, address, management, control, or ownership to be reported by stockyard owner. Whenever any change is made in the name or address or in the management or nature or in the substantial control or ownership of the business of a posted stockyard, the owner of such stockyard shall report such change in writing to the Chief at Washington, D. C., within ten days after making such change. DESIGNATION OF LIVE POULTRY MARKETS 8 201.8 Investigation. Such investigation as may be deemed necessary for the purpose of ascertaining whether a city, and markets and places in or near such city, shall be designated under title V of the act shall be made by the Service. $201.9 Publication. After it has been determined by the Secretary that a city, and markets and places in or near such city, should be designated under the provisions of Title V of the act, public announcement thereof shall be made by publication in the Federal Register and one or more trade journals or newspapers. REGISTRATION § 201.10 Requirements and procedures. (a) Any person desiring to register as a market agency or dealer in compliance with the act shall furnish the information required by the Chief on forms of application for registration, copies of which will be furnished by the Chief or any District Supervisor on request, and shall, concurrently with the filing of such properly executed application, file the bond required in § 201.29. (b) Each application for registration shall be filed with the District Supervisor, for the district in which the applicant proposes to operate, who shall mail it to the Director at Washington, D. C. If the Director has reason to believe that the applicant is unfit to engage in the activity for which application has been made by reason of the fact that the applicant has within two years prior to filing the application engaged in activities constituting dishonest or fraudulent practices of the character prohibited by the act which previously have not been the subject of a formal administrative proceeding under the act resulting in the imposition of a sanction against the applicant, he promptly shall cause an administrative proceeding to be instituted in which the applicant will be afforded opportunity for full hearing in accordance with the Rules of Practice under the act, for the purpose of showing cause why the application for registration should not be denied. In the event it is determined that the application should be denied, the applicant shall not be precluded as soon as conditions warrant from again applying for registration. (c) Any person regularly employed on salary, or other comparable method of compensation, by a packer to buy livestock at posted stockyards for such packer shall be subject to the registration requirements of the act and these regulations. Such persons shall be registered as dealers to purchase livestock for slaughter only. (d) No person applying for registration to engage in business as a market agency selling livestock on an agency basis shall be registered to act in the capacity of clearing agency for any independently operated and separately registered market agency or dealer. No market agency engaged in selling livestock on an agency basis shall act in the capacity of clearing agency for any independently operated and separately registered dealer. No market agency selling livestock on an agency basis shall act in the capacity of clearing agency for any independently operated and separately registered market agency unless such clearing agency was acting in that capacity for such market agency on September 1, 1957. $201.11 Officers, agents, and employees of registrants whose registrations have been suspended or revoked. Any person who has been or is an officer, agent, or employee of a registrant whose registration has been suspended or revoked and who was responsible for or participated in the violation on which the order of suspension or revocation was based may not register within the period during which the order of suspension or revocation is in effect. $201.12 Registrants whose registrations have been suspended or revoked. Any person whose registration has been suspended or revoked may not again register in his own name or in any other manner within the period during which the order of suspension or revocation is in effect, and no partnership, firm, or corporation in which any such person has a substantial financial interest will be registered during such period. $201.13 Registrants to report changes in name, address, control, or ownership. Whenever any change is made in the name or address or in the management or nature or in the substantial control or ownership of the business of a registrant, such registrant shall report such change in writing to the Chief at Washington, D. C,. within ten days after making such change. LICENSING $201.14 Requirements and procedures. An application for a license pursuant to section 502 (b) of the act may be made by any person subject to the licensing provisions of the act by properly filling out and delivering to the Chief at Washington, D. C., by mail or otherwise, a properly executed form of application. Copies of such form will be furnished by the Chief on request. A license will be issued to any applicant furnishing the required information unless the Secretary finds after opportunity for hearing that such applicant is unfit to engage in the activity for which he has made application by reason of his having at any time within two years prior to his application engaged in any practice of the character prohibited by the act or because he is financially unable to fulfill the obligations he would incur as a licensee. Financial ability may be established upon a showing by the applicant that he has current assets equal to his current liabilities, and, in addition thereto, sufficient free working capital to equal twenty-five (25) percent of his average weekly purchases and sales of live poultry according to his books and records or according to such volume of business as may be reasonably anticipated in case of a new business. If the applicant fails to make such a showing, consideration will be given to a showing of other assets and other liabilities and other factors relating to his ability to fulfill his financial obligations which would be incurred as a licensee and to his reputation and integrity. If the applicant fails to make a satisfactory showing of financial ability, a license will be granted upon his executing and maintaining a satisfactory surety bond or equivalent thereof to a suitable trustee, in accordance with the provisions of $8 201.35 to 201.38, inclusive. $201.15 Licensee must maintain satisfactory financial condition or furnish surety bond or equivalent. The granting of a license hereunder is conditioned on the licensee maintaining at all times a financial condition at least equivalent to that required for the issuance of a license or in lieu thereof maintaining a satisfactory surety bond or its equivalent. The failure of a licensee to maintain such a financial condition or surety bond will render his license subject to suspension or revocation. §201.16 Licensee to report changes in name, address, control, or ownership. Whenever any change is made in the name or address or in the management or nature or in the substantial control or ownership of the business of a licensee, such licensee shall report such change in writing to the Chief at Washington, D. C., within ten days after making such change. SCHEDULES OF RATES AND CHARGES $201.17 Requirements as to filing by stockyard owners and market agencies; use of term "yardage" in stockyard schedules. (a) Each stockyard owner and market agency shall plainly state in the schedule of rates and charges filed by the stockyard owner or market agency the effective date of the schedule, a description of the services rendered, the basis for classifying livestock by species or by weight, the stockyards at which the schedule applies, the name and business address of the stockyard owner or market agency, the kind of livestock covered by the schedule, and the conditions under which the services will be rendered and the rates or charges will be applied. (b) The term "yardage" shall be used in schedules of rates and charges filed by stockyard owners on and after September 1, 1954, to describe the basic stockyard facilities and services furnished, and shall, unless otherwise indicated therein, include: the use of suitable facilities for the safe and expeditious receiving, handling, feeding, watering, holding, sorting, selling, buying, weighing, delivery, and shipment of livestock; the services necessary and incident to the receiving of livestock at the place of unloading; the furnishing of receipts for livestock to the carrier or consignor; the delivery of livestock to the consignee; the obtaining of receipts evidencing delivery of livestock to the sales pens assigned to the consignee; the furnishing of sufficient potable water for live stock: the initial weighing of livestock when sold and delivered to scales the |