92 STAT. 886
PUBLIC LAW 95-409—OCT. 2, 1978
Public Law 95-409 95th Congress An Act Oct. 2. 1978 [S. 3272]
To amend the Packers and Stockyards Act, 1921, and for other purposes.
Be it eThocted by the Senate and House of Representatives of the Packers and United States of America in Congress assembled, That the Packers Stockyards Act, and Stockyards Act, 1921, is amended as follows: 1921, (a) Section 305 of the Act (7 U.S.C. 206) is amended by inserting amendment. immediately before the period at the end thereof the following: 7 USC 181. ": Provided, That rates and charges based upon percentages of the gross sales prices of livestock shall not be prohibited merely because they are based upon such percentages rather than on a per head basis"; and (b) Section 310 of the Act (7 U.S.C. 211) is amended by— (1) in the introductory paragraph, striking out "unjust, unreasonable, or discriminatory" and inserting in lieu thereof "violative of section 304,305, or 307"; 7 USC 205, 206, 208. (2) in subsection (a) thereof— (A) striking out "just and reasonable" and inserting after the word "May" the following: "in accordance with the standard set forth in section 305"; (B) striking out "as both the maximum and minimum" and inserting in lieu thereof "as the maximum or minimum or both"; (C) inserting immediately before the semicolon at the end thereof ": Provided, That the Secretary shall prescribe the rate or charge, or rates or charges, on a percentage or per head basis at the election of the stockyard owner or market agency, or on any other basis elected by the stockyard owner or market agency unless the Secretary finds such other basis to be violative of section 305"; and (3) in subsection (b), striking out "more or less than the rate or cnarge" and inserting in lieu thereof "other than the rate or charge or rates or charges".