View Rule

In June of 2010, GIPSA published a proposal to amend section 201.3 of the regulations issued under the Packers and Stockyards Act (P&S Act), 1921, as amended.  This proposed change responds to guidance from the courts.  The courts, in addressing litigation brought by poultry growers alleging harm, have said that GIPSA’s statements regarding the appropriate application of subsections 202(a) and 202(b) are not entitled to deference in the absence of regulation addressing whether the P&S Act prohibits all unfair practices, or only those causing harm or a likelihood of harm to competition.  The amendment to 201.3 will establish GIPSA’s interpretation of the statute which will then be entitled to judicial deference.  Section 201.210 will illustrate by way of examples types of conduct GIPSA would consider unfair, unjustly discriminatory, or deceptive.