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USDA/GIPSA RIN: 0580-AB25 Publication ID: Spring 2016 
Title: ●Scope and Unfair Practices 

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.

Agency: Department of Agriculture(USDA)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 9 CFR 201   
Legal Authority: Pub. L. 110-246    7 U.S.C. 181 to 229c   
Legal Deadline:  None
Action Date FR Cite
Final Rule  09/00/2016 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Raymond Dexter Thomas II
Lead Regulatory Analyst
Department of Agriculture
Grain Inspection, Packers and Stockyards Administration
1400 Independence Avenue SW., Room 2530-South,
Washington, DC 20250
Phone:202 720-6529
Fax:202 690-2173