Page:United States Statutes at Large Volume 90 Part 1.djvu/1302

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 1252

State and local requirements. Federal preemption. 7 USC 228c.

Savings provision. 7 USC 182 note. 7 USC 181 et seq. 7 USC 204. Budget estimates, testimony before congressional committees. 7 USC 228.

Rules.

PUBLIC LAW 94-410—SEPT. 13, 1976

not been received, within thirty days of the final date for making a payment under section 409, or within fifteen business days after the seller has received notice that the payment instrument promptly presented for payment has been dishonored, the seller has not preserved his trust under this subsection. The trust shall be preserved by giving written notice to the packer and by filing such notice with the Secretary. (c) For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer.". SEC. 9. The Packers and Stockyards Act, 1921, as amended, is further amended by adding after new section 409 a new section 410 to read as follows: "SEC. 410. No requirement of any State or territory of the United States, or any subdivision thereof, or the District of Columbia, with respect to bonding of packers or prompt payment by packers for livestock purchases may be enforced upon any packer operating in compliance with the bonding provisions under the Act of July 12, 1943 (57 Stat. 422; 7 U.S.C. 204), and prompt payment provisions of section 409 of this Act, respectively: Provided, That this section shall not preclude a State from enforcing a requirement, with respect to payment for livestock purchased by a packer at a stockyard subject to this Act, which is not in conflict with this Act or regulations thereunder: Provided further. That this section shall not preclude a State from enforcing State law or regulations with respect to any packer not subject to this Act or the Act of July 12, 1943.". SEC. 10. Pending proceedings shall not be abated by reason of any provision of this Act, but shall be disposed of pursuant to the provisions of the Packers and Stockyards Act, 1921, as amended, and the Act of July 12, 1943, in effect immediately prior to the effective date of this Act. SEC. 11. Section 407 of the Packers and Stockyards Act, 1921, as amended, is amended by adding the following new subsections to read as follows: "(d) On or before February 15 of each calendar year beginning with calendar year 1977, or such other date as may be specified by the appropriate committee, the Secretary of Agriculture shall testify before the Senate Committee on Agriculture and Forestry and the House Committee on Agriculture and provide justification in detail of the amount requested in the budget to be appropriated for the next fiscal year for the purposes authorized in the Packers and Stockyards Act, 1921, as amended. " (e) The Secretary shall, not later than sixty days after the effective date of this subsection, prescribe and implement rules to assure that any hearing from which any order may issue under this Act or any hearing the expenses of which are paid from funds authorized to be appropriated under this Act shall— "(1) if such hearing concerns a single unit of local government or the residents thereof, be held within the boundaries of such unit; "(2) if such hearing concerns a single geographic area within a State or the residents thereof, be held within the boundaries of such area; or