---
kind: "section"
citation: "9 C.F.R. § 201.211"
title: "9"
number: "201.211"
heading: "Undue or unreasonable preferences or advantages."
url: "https://uscodex.org/cfr/9/201.211"
---

# §201.211. Undue or unreasonable preferences or advantages.


The Secretary will consider the following criteria, and may consider additional criteria, when determining whether a packer, swine contractor, or live poultry dealer has made or given any undue or unreasonable preference or advantage to any particular person or locality in any respect in violation of [section 202(b)](/cfr/9/202.md?p=b) of the Act. The criteria include whether the preference or advantage under consideration:

- (a) Cannot be justified on the basis of a cost savings related to dealing with different producers, sellers, or growers;
- (b) Cannot be justified on the basis of meeting a competitor's prices;
- (c) Cannot be justified on the basis of meeting other terms offered by a competitor; and
- (d) **Cannot be justified as a reasonable business decision.**

## Notes

### Amendments

[85 FR 79802, Dec. 11, 2020]

### Authority

Authority: 7 U.S.C. 181-229c.

### Amendments

[85 FR 79802, Dec. 11, 2020]