An Act to amend title III of the Packers and Stockyards Act of 1921, as amended
PL 90-446 (H.R.10673), enacted 07/31/1968

474 
PUBLIC LAW 90-446-JULY 31, 1968 
[82 STAT. 
more nonprofit corporations or orgaiuzations no part of the net earn-
ings of which inures, or may lawfully inure, to the benefit of any pri-
vate shareholder or individual, but only if such agency, organization, 
or institution was in existence at least two years before the date of an 
application under this Act. Such term shall not be construed to include 
the Office of Economic Opportunity. Participation by the Office of 
Economic Opportunity is expressly prohibited in administering this 
Act. 
(5) The term "Secretary"' means the Secretary of Health, Educa-
tion, and Welfare. 
Approved July 31, 1968. 
July 31, 1968 
[H.R. 10673] 
Public Law 90-446 
AN ACT 
To amend title III of the Packers and Stockyards Act, 1921, as amended. 
Packers and 
Stockyards Act, 
amendment. 
42 Stat. 163; 
72 Stat. 1750. 
"Stockyard." 
Market agencies 
and dealers, ap-
proval by stock-
yard owners. 
7 u s e 201. 
Penalty. 
Services with-
out discrimina-
tion. 
44 Stat. 397. 
Be It enacted hy the Seriate and House of Representative.^ of the 
United States of America in Congress assembled^ That title I I I of the 
Packers and Stockyards Act, 1921, as amended (7 U.S.C. 201 et seq.), 
is amended as follows: 
(a) Section 302(a) (7U.S.C. 202(a)) is amended to read: 
"'(a) When used in this title the term 'stockyard' means 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."' 
(b) Section 303 (7 U.S.C. 203) is amended to read: 
"SEC. 303. After the expiration of thirty da;^s after the Secretary 
has given public notice that any stockyard is within the definition of 
section 302, by posting copies of such notice in the stockyard, no person 
shall carry on the business of a market agency or dealer at such stock-
yard unless (1) the stockvard owner has determined that his services 
wdll be beneficial to the Wsiness and welfare of said stockyard, its 
patrons, and customers, which determination shall be made on a basis 
which is not unreasonable or unjustly discriminatory, and has given 
written authorization to such person, and (2) he has registered with 
the SecTetary, under such rules and regulations as the Secretary may 
prescribe, his name and address, the character of business in which he 
is engaged, and the kinds of stockyards services, if any, which he fur-
nishes at such stockyard. Every other person operating as a market 
agency or dealer as defined in section 301 of the Act may be required to 
register in such manner as the Secretary may prescribe. Whoever 
violates the provisions of this section shall be liable to a penalty of not 
more than $500 for each such offense and not more than $25 for each day 
it continues, wliich shall accrue to the United States and may be 
recovered in a civil action brought by the United States." 
(c) Section 304 (7 U.S.C. 205) is amended to read: 
'"SEC. 304. All stockyard services furnished pursuant to reasonable 
request made to a stockyard owner or market agency at such stockyard 
shall be reasonable and nondiscriminatory and stockyard services 
which are furnished shall not be refused on any basis that is unreason-
able or unjustly discriminatory: Provided^ That in any State where the 
weighing of livestock at a stockyard is conducted by a duly author-
ized department or agency of the State, the Secretary, upon application 
82 STAT. ] 
PUBLIC LAW 90-447-JULY 31, 1968 
475 
of such department or aji^ency, may register it as a market agency for 
the wei.<^hing of livestock received in such stockyard, and upon such 
registration such department or agency and the members thereof shall 
be amenable to all the requirements of this Act, and upon failure of 
such department or agency or the members thereof to comply with the 
orders of the Secretary under this Act he is authorized to revoke the 
registration of such department or agency and to enforce such revoca-
tion as provided in section 315 of this Act." 
^ use 2i(5. 
(d) Section 307 (7 U.S.C. 208) is amended to redesignate the first . Nondiscriminat-
sentence as paragraph " ( a ) " and to add a new paragraph (b) as mfnag°emJirt'! 
follows: 
"(b) It shall be the responsibility and right of every stockyard 
ow^ner to manage and regulate his stockyard in a just, reasonable, and 
nondiscriminatory manner, to prescribe rules and regulations and to 
require those persons engaging in or attempting to engage in the 
purchase, sale, or solicitation of livestock at such stockyard to conduct 
their operations in a manner which will foster, preserve, or insure 
an efficient, competitive public market. Such rules and regulations shall 
not prevent a registered market agency or dealer from rendering serv-
ice on other markets or in occasional and incidental off-market trans-
actions.'' 
(e) Section 312(a) (7 U.S.C. 213(a)) is amended by inserting y2%,ll%^^J'' 
after the words '"in connection with'' the phrase "determining whether 
persons should be authorized to operate at the stockyards, or with". 
Approved July 31, 1968. 
Public Law 90-447 
JOINT RESOLUTION 
July 31, 1968 
Making continuing appropriations for the 
fiscal 
year 1969, and for other purposes, [H. J. Res. 1420] 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assenibled. That clause (c) of section 
continuing ap-
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Drooriaf ions 
102 of the joint resolution of June 29, 1968 (Public Law 90-366), is 1959 
hereby amended by striking out "July 31, 1968" and inserting in lieu 
thereof "September 30,1968". 
Approved July 31, 1968, 7:45 p.m. 
propriations, 
Ante, 
p. 276.