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7 U.S.C. § 228a — Authority of Secretary to request temporary injunction or restraining order
Federal law — U.S. Code and appendices · legal_authorities
Whenever the Secretary has reason to believe that any person subject to this chapter (a) with respect to any transactions subject to this chapter, has failed to pay or is unable to pay for livestock, meats, meat food products, or livestock products in unmanufactured form, or live poultry, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement, or has failed to remit to the person entitled thereto the net proceeds from the sale of any such commodity sold on a commission basis; or (b) has operated while insolvent, or otherwise in violation of this chapter in a manner which may reasonably be expected to cause irreparable damage to another person; or (c) does not have the required bond; and that it would be in the public interest to enjoin such person from operating subject to this chapter or enjoin him from operating subject to this chapter except under such conditions as would protect vendors or consignors of such commodities or other affected persons, until a complaint under this chapter is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective within the meaning of this chapter or is set aside on appellate review of the Secretary’s order, the Secretary may notify the Attorney General, who may apply to the United States district court for the district in which such person has his principal place of business or in which he resides for a temporary injunction or restraining order. When needed to effectuate the purposes of this section, the court shall, upon a proper showing, issue a temporary injunction or restraining order, without bond. Attorneys employed by the Secretary of Agriculture may, with the approval of the Attorney Gen
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Source location: Title 7, Chapter 9, § 228a; chapter-009-packers-and-stockyards.md
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Whenever the Secretary has reason to believe that any person subject to this chapter (a) with respect to any transactions subject to this chapter, has failed to pay or is unable to pay for livestock, meats, meat food products, or livestock products in unmanufactured form, or live poultry, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement, or has failed to remit to the person entitled thereto the net proceeds from the sale of any such commodity sold on a commission basis; or (b) has operated while insolvent, or otherwise in violation of this chapter in a manner which may reasonably be expected to cause irreparable damage to another person; or (c) does not have the required bond; and that it would be in the public interest to enjoin such person from operating subject to this chapter or enjoin him from operating subject to this chapter except under such conditions as would protect vendors or consignors of such commodities or other affected persons, until a complaint under this chapter is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective within the meaning of this chapter or is set aside on appellate review of the Secretary’s order, the Secretary may notify the Attorney General, who may apply to the United States district court for the district in which such person has his principal place of business or in which he resides for a temporary injunction or restraining order. When needed to effectuate the purposes of this section, the court shall, upon a proper showing, issue a temporary injunction or restraining order, without bond. Attorneys employed by the Secretary of Agriculture may, with the approval of the Attorney General, appear in the United States district court representing the Secretary in any action seeking such a temporary restraining order or injunction.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
(1) The term “person” includes individuals, partnerships, corporations, and associations;
(2) The term “Secretary” means the Secretary of Agriculture;
(3) The term “meat food products” means all products and byproducts of the slaughtering and meat-packing industry—if edible;
(4) The term “livestock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead;
(5) The term “livestock products” means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock;
(6) The term “poultry” means chickens, turkeys, ducks, geese, and other domestic fowl;
(7) The term “poultry product” means any product or byproduct of the business of slaughtering poultry and processing poultry after slaughter;
(8) The term “poultry grower” means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry;
(9) The term “poultry growing arrangement” means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another’s instructions, for slaughter;
(10) The term “live poultry dealer” means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and
(11) The term “
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture upon application of any exporter, importer, packer, or owner of, or the agent thereof, or dealer in, livestock, hides, skins, meat, or other animal products may, in his discretion, cause to be made inspections and examinations at places other than the headquarters of inspectors for the convenience of said applicants, who may be charged for the expenses of travel and subsistence incurred for such inspections and examinations, the funds derived from such charges to be deposited in the Treasury of the United States to the credit of the appropriation from which the expenses are paid.
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Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
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Federal law — U.S. Code and appendices · legal_authorities
Page 351
TITLE 7—AGRICULTURE
§ 228a
tion in detail of the amount requested in the
budget to be appropriated for the next fiscal
year for the purposes authorized in this chapter.
(d) Development and promulgation of rules gov-
erning hearings
The Secretary shall, not later than sixty days
after September 13, 1976, prescribe and imple-
ment rules to assure that any hearing from
which any order may issue under this chapter or
any hearing the expenses of which are paid from
funds authorized to be appropriated under this
chapter 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 geo-
graphic area within a State or the residents
thereof, be held within the boundaries of such
area; or
(3) if such hearing concerns a single State or
the residents thereof, be held within such
State.
(e) Definitions
For the purposes of subsection (d)—
(1) the term ‘‘unit of local government’’
means a county, municipality, town, town-
ship, village, or other unit of general govern-
ment below the State level; and
(2) the term ‘‘geographic area within a
State’’ means a special purpose district or
other region recognized for governmental pur-
poses within such State which is not a unit of
local government.
(Aug. 15, 1921, ch. 64, title IV, § 407, 42 Stat. 169;
Pub. L. 85–909, § 4, Sept. 2, 1958, 72 Stat. 1750;
Pub. L. 88–61, July 8, 1963, 77 Stat. 79; Pub. L.
94–410, § 11, Sept. 13, 1976, 90 Stat. 1252; Pub. L.
103–354, title II, § 293(b), Oct. 13, 1994, 108 Stat.
3237; Pub. L. 103–437, § 4(a)(2), Nov. 2, 1994, 108
Stat. 4581.)
Editorial Notes
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–354, § 293(b)(1), (2), redes-
ignated subsec. (c) as (b) and
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