7 U.S.C. § 209

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 209 - Liability to individuals for violations; enforcement generally

(a) If any person subject to this chapter violates any of the provisions of this chapter, or of any order of the Secretary under this chapter, relating to the purchase, sale, or handling of livestock, the purchase or sale of poultry, or relating to any poultry growing arrangement or swine production contract, he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation.

(b) Such liability may be enforced either (1) by complaint to the Secretary as provided in section 210 of this title, or (2) by suit in any district court of the United States of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.

7 U.S.C. § 209

Aug. 15, 1921, ch. 64, title III, §308, 42 Stat. 165; Pub. L. 94-410, §6, Sept. 13, 1976, 90 Stat. 1250; Pub. L. 100-173, §5, Nov. 23, 1987, 101 Stat. 918; Pub. L. 107-171, title X, §10502(b)(2)(B), May 13, 2002, 116 Stat. 510.

EDITORIAL NOTES

AMENDMENTS2002-Subsec. (a). Pub. L. 107-171 inserted "or swine production contract" after "poultry growing arrangement". 1987-Subsec. (a). Pub. L. 100-173 inserted "the purchase or sale of poultry, or relating to any poultry growing arrangement," after "livestock,". 1976-Subsec. (a). Pub. L. 94-410 struck out references to violations of specific sections and added packers to categories of regulated persons against whom private action could be brought for violation of chapter.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100-173 set out as a note under section 182 of this title.

Secretary: The term "Secretary" means the Secretary of Agriculture;
livestock: The term "livestock" means cattle, sheep, swine, horses, mules, or goats-whether live or dead;
person: The term "person" includes individuals, partnerships, corporations, and associations;
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;
poultry: The term "poultry" means chickens, turkeys, ducks, geese, and other domestic fowl;