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U.S. Code > Title 7 Agriculture > CHAPTER 9—PACKERS AND STOCKYARDS (§§ 181—231) > SUBCHAPTER II—PACKERS GENERALLY (§§ 191—198b) > Part A—General Provisions (§§ 191—197c) > § 197c. Arbitration

U.S. Code

§ 197c. Arbitration

(a) In general
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 [1] 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
Any contract producer or grower that declines a requirement of arbitration pursuant to subsection (b) has the right,[2] 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
Subsections (a) [1] (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.

[1] So in original. A comma probably should appear.

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