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7 U.S.C. § 2159 — Authority to apply for injunctions

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2159 — Authority to apply for injunctions

**(a) Request** Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or intermediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this chapter or the regulations or standards promulgated thereunder, the Secretary shall notify the Attorney General, who may apply to the United States district court in which such dealer, carrier, exhibitor, or intermediate handler resides or conducts business for a temporary restraining order or injunction to prevent any such person from operating in violation of this chapter or the regulations and standards prescribed under this chapter. **(b) Issuance** The court shall, upon a proper showing, issue a temporary restraining order or injunction under subsection (a) without bond. Such injunction or order shall remain in effect until a complaint pursuant to [section 2149 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2149&num=0&edition=prelim) 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 or is set aside on appellate review. Attorneys of the Department of Agriculture may, with the approval of the Attorney General, appear in the United States district court representing the Secretary in any action brought under this section.

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Source file: Laws/federal/codes/united-states-code/title-7/section-2159-authority-to-apply-for-injunctions--4c2e881848.md
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Source location: Title 7, Chapter 54, § 2159; chapter-054-transportation-sale-and-handling-of-certain-animals.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2149 — Violations by licensees

**(a) Temporary license suspension; notice and hearing; revocation** If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, or operator of an auction sale subject to [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim), has violated or is violating any provision of this chapter, or any of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person’s license temporarily, but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. **(b) Civil penalties for violation of any section, etc.; separate offenses; notice and hearing; appeal; considerations in assessing penalty; compromise of penalty; civil action by Attorney General for failure to pay penalty; district court jurisdiction; failure to obey cease and desist order** Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2142&num=0&edition=prelim), that violates any provision of this chapter, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist from continuing such violation. Each violation and each day during which a violation continues shall be a separate offense. No penalty shall be assessed or cease and desist order issued unless such person is given notic

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2159 — Authority to apply for injunctions

Page 1425 TITLE 7—AGRICULTURE § 2160 (c) Enforcement (1) In general Dealers who fail to act according to the re- quirements of this section or who include false information in the certification required under subsection (b), shall be subject to the penalties provided for under section 2149 of this title. (2) Subsequent violations Any dealer who violates this section more than one time shall be subject to a fine of $5,000 per dog or cat acquired or sold in viola- tion of this section. (3) Permanent revocations Any dealer who violates this section three or more times shall have such dealers license per- manently revoked. (d) Regulation Not later than 180 days after November 28, 1990, the Secretary shall promulgate regulations to carry out this section. (Pub. L. 89–544, § 28, as added Pub. L. 101–624, title XXV, § 2503(2), Nov. 28, 1990, 104 Stat. 4066; amended Pub. L. 102–237, title X, § 1004, Dec. 13, 1991, 105 Stat. 1894.) Editorial Notes AMENDMENTS 1991—Subsec. (b)(2)(F). Pub. L. 102–237 substituted ‘‘subsection (a)’’ for ‘‘subsection (b)’’. § 2159. Authority to apply for injunctions (a) Request Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or inter- mediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this chapter or the regula- tions or standards promulgated thereunder, the Secretary shall notify the Attorney General, who may apply to the United States district court in which such dealer, carrier, exhibitor, or intermediate handler resides or conducts busi- ness for a temporary restraining order or injunc- tion to prevent any such person from operating in violation of this chapter or the regulations and standards prescribed und

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