7 U.S.C. § 228b-1

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 228b-1 - Final date for making payment to cash seller or poultry grower
(a) Delivery of full amount due

Each live poultry dealer obtaining live poultry by purchase in a cash sale shall, before the close of the next business day following the purchase of poultry, and each live poultry dealer obtaining live poultry under a poultry growing arrangement shall, before the close of the fifteenth day following the week in which the poultry is slaughtered, deliver, to the cash seller or poultry grower from whom such live poultry dealer obtains the poultry, the full amount due to such cash seller or poultry grower on account of such poultry.

(b) Delay or attempt to delay collection of funds as "unfair practice"

Any delay or attempt to delay, by a live poultry dealer which is a party to any such transaction, the collection of funds as herein provided, or otherwise for the purpose of or resulting in extending the normal period of payment for poultry obtained by poultry growing arrangement or purchased in a cash sale, shall be considered an "unfair practice" in violation of this chapter. Nothing in this section shall be deemed to limit the meaning of the term "unfair practice" as used in this chapter.

(c) Definition of cash sale

For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer.

7 U.S.C. § 228b-1

Aug. 15, 1921, ch. 64, title IV, §410, as added Pub. L. 100-173, §9(2), Nov. 23, 1987, 101 Stat. 920.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 410 of act Aug. 15, 1921, was renumbered section 414 and is classified to section 228c of this title.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100-173 set out as an Effective Date of 1987 Amendment note under section 182 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;
poultry
The term "poultry" means chickens, turkeys, ducks, geese, and other domestic fowl;