Sec. 210. ARBITRATION

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## SEC. 210 ARBITRATION **[**[7 U.S.C. 197c](/us/usc/t7/s197c)**]** ###

(a)In General Any livestock or poultry contract that contains a provision requiring the use of arbitration to resolve any controversy that may arise under the contract shall contain a provision that allows a producer or grower, prior to entering the contract to decline to be bound by the arbitration provision. ###

(b)Disclosure Any livestock or poultry contract that contains a provision requiring the use of arbitration shall contain terms that conspicuously disclose the right of the contract producer or grower, prior to entering the contract, to decline the requirement to use arbitration to resolve any controversy that may arise under the livestock or poultry contract. ###

(c)Dispute Resolution Any contract producer or grower that declines a requirement of arbitration pursuant to subsection

(b)has the right, to nonetheless seek to resolve any controversy that may arise under the livestock or poultry contract, if, after the controversy arises, both parties consent in writing to use arbitration to settle the controversy. ###

(d)Application Subsections

(b)and

(c)shall apply to any contract entered into, amended, altered, modified, renewed, or extended after the date of the enactment of the Food, Conservation, and Energy Act of 2008 . ###

(e)Unlawful Practice Any action by or on behalf of a packer, swine contractor, or live poultry dealer that violates this section (including any action that has the intent or effect of limiting the ability of a producer or grower to freely make a choice described in subsection (b)) is an unlawful practice under this Act. ###

(f)Regulations The Secretary shall promulgate regulations to— ####

(1)carry out this section; and ####

(2)establish criteria that the Secretary will consider in determining whether the arbitration process provided in a contract provides a meaningful opportunity for the grower or producer to participate fully in the arbitration process. ## Subtitle B Swine Packer Marketing Contracts5 5This subtitle was added by section 934 of title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000 (Public Law 106–78). Section 942 of that title (113 Stat. 1211; 7 U.S.C. 1635 note), as amended by section 1 of Public Law 108–444 (118 Stat. 2635) and section 1(b) of Public Law 109–296 (120 Stat. 1464) provides that: “The authority provided by this title and the amendments made by this title (other than section 911 of subtitle A and the amendments made by that section) terminate on September 30, 2010.”.

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Pub. L. 106-78
113 Stat. 1211
Pub. L. 108-444
118 Stat. 2635
Pub. L. 109-296
120 Stat. 1464

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Sec. 210

ARBITRATION

U.S.C.§ 197c

U.S.C.§ 1635

Pub. L.Pub. L. 106-78

Stat.113 Stat. 1211

Pub. L.Pub. L. 108-444

Stat.118 Stat. 2635

Pub. L.Pub. L. 109-296

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