7 U.S.C. § 197c | Arbitration

(a)

In general

1 So in original. A comma probably should appear.

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

2 So in original. The comma probably should not appear.

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

¹Subsections (a)  (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 chapter.

(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.

Aug. 15, 1921, ch. 64 Pub. L. 110–234, title XI, § 11005May 22, 2008122 Stat. 1357 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664(, title II, § 210, as added , , , and , title XI, § 11005, , , 2119.)

Editorial Notes

References in Text

Pub. L. 110–246June 18, 2008The date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (d), is the date of enactment of , which was approved .

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .

Section 11005 of Pub. L. 110–246, which directed amendment of title II of the Packers and Stockyards Act, 1921, by adding sections 208 to 210 at the end, was executed by adding the sections at the end of this part, which is subtitle A of title II of the Act, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of this titleEnactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under .