Reasonable period of time to remedy a breach of contract.

CFR · 2024-01-01 · US · Title 9

The Secretary may consider various criteria when determining whether a packer, swine contractor or live poultry dealer has provided a poultry grower or swine production contract grower a reasonable period of time to remedy a breach of contract that could lead to contract termination. These criteria do not limit a packer, swine contractor or live poultry dealer's rights under a contract or agreement where food safety or animal welfare is concerned. These criteria, include, but are not limited to: (a) Whether the packer, swine contractor or live poultry dealer provided written notice of the breach of contract to the poultry grower or swine production contract grower upon initial discovery of that breach of contract if the packer, swine contractor or live poultry dealer intends to take an adverse action, including termination of a contract, against the poultry grower or swine production contract grower based on that breach of contract by the poultry grower or swine production contract grower; (b) Whether the notice in paragraph (a) of this section includes the following: (1) A description of the act or omission believed to constitute a breach of contract, including identification of the section of the contract believed to have been breached; (2) The date of the breach; (3) The means by which the poultry grower or swine production contract grower can satisfactorily remedy the breach, if possible, based on the nature of the breach; and (4) A date that provides a reasonable time, b

official document · source cfr-2024 · id 9:§ 201.217