---
kind: "section"
citation: "7 U.S.C. § 213"
title: "7"
title_heading: "Agriculture"
number: "213"
heading: "Prevention of unfair, discriminatory, or deceptive practices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/213"
units:
  - "Chapter 9 — Packers and Stockyards"
  - "Subchapter III — Stockyards and Stockyard Dealers"
---

# §213. Prevention of unfair, discriminatory, or deceptive practices

- (a) It shall be unlawful for any [stockyard owner](/usc/7/201.md?p=a), [market agency](/usc/7/201.md?p=c), or [dealer](/usc/7/201.md?p=d) to engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in connection with determining whether [persons](/usc/7/182.md?p=1) should be authorized to operate at the [stockyards](/usc/7/202.md?p=a), or with the receiving, marketing, buying, or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing, or handling of [livestock](/usc/7/182.md?p=4).
- (b) Whenever complaint is made to the [Secretary](/usc/7/182.md?p=2) by any [person](/usc/7/182.md?p=1), or whenever the [Secretary](/usc/7/182.md?p=2) has reason to believe, that any [stockyard owner](/usc/7/201.md?p=a), [market agency](/usc/7/201.md?p=c), or [dealer](/usc/7/201.md?p=d) is violating the provisions of [subsection (a)](#a), the [Secretary](/usc/7/182.md?p=2) after notice and full hearing may make an order that he shall cease and desist from continuing such violation to the extent that the [Secretary](/usc/7/182.md?p=2) finds that it does or will exist. The [Secretary](/usc/7/182.md?p=2) may also assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the [Secretary](/usc/7/182.md?p=2) shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the [person](/usc/7/182.md?p=1)’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the [person](/usc/7/182.md?p=1) against whom the civil penalty is assessed fails to pay such penalty, the [Secretary](/usc/7/182.md?p=2) may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.

## Source credit

(Aug. 15, 1921, ch. 64, title III, § 312, 42 Stat. 167; Pub. L. 85–909, § 2(5), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90–446, § 1(e), July 31, 1968, 82 Stat. 475; Pub. L. 94–410, § 3, Sept. 13, 1976, 90 Stat. 1249.)

## Notes

### Editorial Notes

### Amendments

1976—Subsec. (a). Pub. L. 94–410, § 3(a), (c), struck out “in commerce” after “or handling” and substituted “livestock” for “live stock”.

Subsec. (b). Pub. L. 94–410, § 3(b), inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty.

1968—Subsec. (a). Pub. L. 90–446 inserted “determining whether persons should be authorized to operate at stockyards, or with” after “in connection with”.

1958—Subsec. (a). Pub. L. 85–909 struck out “at a stockyard” after “in commerce”.