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7 U.S.C. § 1602 — Enforcement of order
Federal law — U.S. Code and appendices · legal_authorities
If any person against whom an order is issued under [section 1599 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1599&num=0&edition=prelim) fails to obey the order, the Secretary of Agriculture, or the United States, by its Attorney General, may apply to the court of appeals of the United States, within the circuit where the person against whom the order was issued resides or has his principal place of business, for the enforcement of the order, and shall file the record in such proceedings, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon such filing of the application the court shall cause notice thereof to be served upon the person against whom the order was issued. The evidence to be considered, the procedure to be followed, and the jurisdiction of the court shall be the same as provided in [section 1600 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1600&num=0&edition=prelim) for applications to set aside or modify orders.
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Stable record: federal_law:legal_authorities:record_usc_24ee5b74157e42e145b6b5e4
Source file: Laws/federal/codes/united-states-code/title-7/section-1602-enforcement-of-order--e2d77b5caa.md
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Source location: Title 7, Chapter 37, § 1602; chapter-037-seeds.md
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If any person against whom an order is issued under [section 1599 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1599&num=0&edition=prelim) fails to obey the order, the Secretary of Agriculture, or the United States, by its Attorney General, may apply to the court of appeals of the United States, within the circuit where the person against whom the order was issued resides or has his principal place of business, for the enforcement of the order, and shall file the record in such proceedings, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon such filing of the application the court shall cause notice thereof to be served upon the person against whom the order was issued. The evidence to be considered, the procedure to be followed, and the jurisdiction of the court shall be the same as provided in [section 1600 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1600&num=0&edition=prelim) for applications to set aside or modify orders.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1826&num=0&edition=prelim), any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)) would be maintained in a factual context that indicates that a request for expedited consideration has merit.
**(b)** The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Hearing** Whenever the Secretary of Agriculture has reason to believe that any person has violated or is violating any of the provisions of this chapter or the rules and regulations made and promulgated thereunder, he shall cause a complaint in writing to be served upon the person, stating his charges in that respect, and requiring the person to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the person a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such rules and regulations as the Secretary of Agriculture may prescribe. At any time prior to the close of the hearing the Secretary of Agriculture may amend the complaint; but in case of any amendment adding new provisions the hearing shall, on the request of the person, be adjourned for a period not exceeding fifteen days.
**(b) Report of Secretary of Agriculture** If, after such hearing, the Secretary of Agriculture finds that the person has violated or is violating any provisions of the chapter or rules and regulations covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the person an order requiring such person to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture.
**(c) Amendment of report** Until the record in such hearing has been filed in a court of appeals as provided in [section 1600 of this title](https://uscode.
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Federal law — U.S. Code and appendices · legal_authorities
Before any violation of this chapter is reported by the Secretary of Agriculture to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to prevent 11 So in original. Probably should be “present”. his views, either orally or in writing, with regard to such contemplated proceeding.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
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Federal law — U.S. Code and appendices · legal_authorities
Sections 111 to 116 of this title are repealed on the one hundred and eightieth day after August 9, 1939: Provided, however, That the notices with respect to imported alfalfa and red clover seed promulgated by the Secretary of Agriculture under the authority of sections 111 to 116 of this title, and in effect on August 9, 1939, shall remain with the same full force and effect as if promulgated under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 893
TITLE 7—AGRICULTURE
§ 1606
set out as an Effective Date note under section 1657 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE
See section 1610 of this title.
§ 1602. Separability
The institution of any one of the proceedings
provided for in sections 1595, 1596, 1599 to 1601 of
this title shall not bar institution of any of the
others, except that action shall not be instituted
under both subsections 1596(a) and (b) of this
title for the same cause of action. Nothing in
this chapter shall be construed as requiring the
Secretary of Agriculture to recommend prosecu-
tion, or institution of civil penalty proceedings,
libel proceedings, cease-and-desist proceedings,
or proceedings for the enforcement of a cease-
and-desist order, for minor violations of this
chapter or the rules and regulations made and
promulgated thereunder whenever he believes
that the public interest will be adequately
served by suitable written notice or warning.
(Aug. 9, 1939, ch. 615, title IV, § 412, 53 Stat. 1288;
July 9, 1956, ch. 520, § 3, 70 Stat. 508.)
Editorial Notes
AMENDMENTS
1956—Act July 9, 1956, inserted references to civil pen-
alties as well as criminal penalties under section 1596 of
this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1956 AMENDMENT
Amendments made by act July 9, 1956, applicable
only with respect to violations occurring after July 9,
1956, see section 4 of act July 9, 1956, set out as a note
under section 1596 of this title.
EFFECTIVE DATE
See section 1610 of this title.
§ 1603. Procedural powers; witness fees and mile-
age
(a) In carrying on the work herein authorized,
the Secretary of Agriculture, or any officer or
employee designated by him for such purpose,
shall have power to hold heari
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1602
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