Notices. Notice
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/register/2005/04/08/05-7015·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Deposting of Stockyards AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice. SUMMARY: We are deposting 21 stockyards. These facilities can no longer be used as stockyards and, therefore, are no longer required to be posted. EFFECTIVE DATE: April 8, 2005. SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards Administration (GIPSA) administers and enforces the Packers and Stockyards Act of 1921, as amended and supplemented (7 U.S.C. 181-229) (P&S Act).
The P&S Act prohibits unfair, deceptive, and fraudulent practices by livestock market agencies, dealers, stockyard owners, meat packers, swine contractors, and live poultry dealers in the livestock, poultry, and meatpacking industries. Section 302 of the P&S Act (7 U.S.C. 202) defines the term “stockyard” as follows: * * * any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce.
Section 302
(b)of the P&S Act requires the Secretary to determine which stockyards meet this definition, and to notify the owner of the stockyard and the public of that determination by posting a notice in each designated stockyard. After giving notice to the stockyard owner and to the public, the stockyard is subject to the provisions of Title III of the P&S Act (7 U.S.C. 201-203 and 205-217a) until the Secretary deposts the stockyard by public notice. We depost a stockyard when the facility can no longer be used as a stockyard. Some of the reasons a facility can no longer be used as a stockyard include: the facility has been moved and the posted facility is abandoned, the facility has been torn down or otherwise destroyed, such as by fire, the facility is dilapidated beyond repair, or the facility has been converted and its function changed. This document notifies the public that the following 21 stockyards no longer meet the definition of stockyard and that we are deposting the facilities. Facility No. Stockyard name and location Date posted CA-102 Atwater Livestock Auction, Atwater, California October 1, 1959. IL-107 Kankakee Livestock Company, Bourbonnais, Illinois November 17, 1959. IL-134 St. Louis National Stock Yards, National Stockyards, Illinois November 1, 1921. IL-146 Pittsfield Community Sale, Pittsfield, Illinois November 17, 1959. IL-172 Vienna Livestock, Vienna, Illinois April 6, 1990. KY-100 Twin Lakes Livestock Auction, Incorporated, Albany, Kentucky December 9, 1959. KY-101 Jolley's Feeder Pig Auction, Albany, Kentucky May 8, 1968. KY-154 Tompkinsville Livestock Auction, Inc., Tompkinsville, Kentucky December 10, 1959. KY-164 Walton Stockyards, Inc., Walton, Kentucky August 22, 1979. MI-130 Owosso Livestock Sales Company, Owosso, Michigan April 22, 1959. MN-107 Canby Livestock Auction, Canby, Minnesota March 17,1960. MN-116 Fergus Falls Livestock Exchange, Inc., Fergus Falls, Minnesota November 12, 1959. MN-146 Northern States Cattle and Hay Exchange, Inc., Sauk Centre, Minnesota September 15, 1959. MN-162 Southwestern Minnesota Livestock Sales Pavilion, Worthington, Minnesota September 15, 1959. MT-111 Kalispell Livestock Auction, Kalispell, Montana December 13, 1965. OH-106 Western Ohio Livestock Exchange, Celina, Ohio June 10, 1959. SC-135 Martin & Martin Cattle, Inc., Anderson, South Carolina October 17, 1983. WI-106 Equity Livestock Auction Market, Dodgeville, Wisconsin October 24, 1961. WI-107 Equity Livestock Auction Market, Ettrick, Wisconsin April 14, 1971. WI-122 Equity Livestock Auction Market, Ripon, Wisconsin May 15, 1959. WI-133 Equity Livestock Auction Market, Beetown, Wisconsin February 4, 1976. Effective Date This notice is effective upon publication in the **Federal Register** because it relieves a restriction and, therefore, may be made effective in less than 30 days after publication in the **Federal Register** without prior notice or other public procedure. Authority: 7 U.S.C. 202. David Orr, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 05-7015 Filed 4-7-05; 8:45 am]
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- 7 USC 181-229
- 7 USC 201-203
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