7 U.S.C. § 197a

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 197a - Production contracts
(a) Right of contract producers to cancel production contracts
(1) In general

A poultry grower or swine production contract grower may cancel a poultry growing arrangement or swine production contract by mailing a cancellation notice to the live poultry dealer or swine contractor not later than the later of-

(A) the date that is 3 business days after the date on which the poultry growing arrangement or swine production contract is executed; or
(B) any cancellation date specified in the poultry growing arrangement or swine production contract.
(2) Disclosure

A poultry growing arrangement or swine production contract shall clearly disclose-

(A) the right of the poultry grower or swine production contract grower to cancel the poultry growing arrangement or swine production contract;
(B) the method by which the poultry grower or swine production contract grower may cancel the poultry growing arrangement or swine production contract; and
(C) the deadline for canceling the poultry growing arrangement or swine production contract.
(b) Required disclosure of additional capital investments in production contracts
(1) In general

A poultry growing arrangement or swine production contract shall contain on the first page a statement identified as "Additional Capital Investments Disclosure Statement", which shall conspicuously state that additional large capital investments may be required of the poultry grower or swine production contract grower during the term of the poultry growing arrangement or swine production contract.

(2) Application

Paragraph (1) shall apply to any poultry growing arrangement or swine production contract entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this section.

7 U.S.C. § 197a

Aug. 15, 1921, ch. 64, title II, §208, as added Pub. L. 110-234, title XI, §110051005,, 122 Stat. 1356, and Pub. L. 110-246, §4(a), title XI, §11005, June 18, 2008, 122 Stat. 1664, 2118.

EDITORIAL NOTES

REFERENCES IN TEXTThe date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 110-246 which was approved June 18, 2008.

CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 enacted identical sections. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246. Section 11005 of Pub. L. 110-246 which directed amendment of title II of the Packers and Stockyards Act, 1921, by adding sections 208 to 210 at the end, was executed by adding the sections at the end of this part, which is subtitle A of title II of the Act, to reflect the probable intent of Congress.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATEEnactment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as a note under section 8701 of this title.

live poultry dealer
The term "live poultry dealer" means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and
poultry grower
The term "poultry grower" means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry;
poultry growing arrangement
The term "poultry growing arrangement" means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another's instructions, for slaughter;