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7 U.S.C. § 193 — Procedure before Secretary for violations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Complaint; hearing; intervention** Whenever the Secretary has reason to believe that any packer or swine contractor has violated or is violating any provision of this subchapter, he shall cause a complaint in writing to be served upon the packer or swine contractor, stating his charges in that respect, and requiring the packer or swine contractor 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 packer or swine contractor 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 regulations as the Secretary may prescribe. Any person for good cause shown may on application be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing the Secretary may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the packer or swine contractor, be adjourned for a period not exceeding fifteen days.
**(b) Report and order; penalty** If, after such hearing, the Secretary finds that the packer or swine contractor has violated or is violating any provisions of this subchapter 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 packer or swine contractor an order requiring such packer or swine contractor 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 Agricul
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Source location: Title 7, Chapter 9, § 193; chapter-009-packers-and-stockyards.md
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**(a) Complaint; hearing; intervention** Whenever the Secretary has reason to believe that any packer or swine contractor has violated or is violating any provision of this subchapter, he shall cause a complaint in writing to be served upon the packer or swine contractor, stating his charges in that respect, and requiring the packer or swine contractor 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 packer or swine contractor 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 regulations as the Secretary may prescribe. Any person for good cause shown may on application be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing the Secretary may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the packer or swine contractor, be adjourned for a period not exceeding fifteen days.
**(b) Report and order; penalty** If, after such hearing, the Secretary finds that the packer or swine contractor has violated or is violating any provisions of this subchapter 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 packer or swine contractor an order requiring such packer or swine contractor 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. The Secretary may also assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.
**(c) Amendment of report or order** Until the record in such hearing has been filed in a court of appeals of the United States, as provided in [section 194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section194&num=0&edition=prelim), the Secretary at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the packer or swine contractor to be heard, may amend or set aside the report or order, in whole or in part.
**(d) Service of process** Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in [section 45 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade**
(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
(2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.
(3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless—
(A) such methods of competition have a direct, substantial, and reasonably foreseeable effect—
(i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 45
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of petition; bond** An order made under [section 193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section193&num=0&edition=prelim) shall be final and conclusive unless within thirty days after service the packer or swine contractor appeals to the court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary’s order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such packer or swine contractor will pay the costs of the proceedings if the court so directs.
**(b) Filing of record by Secretary** The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court 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). If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary.
**(c) Temporary injunction** At any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the packer or swine contractor and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal.
**(d) Evidence** The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be considered by t
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Federal law — U.S. Code and appendices · legal_authorities
There shall be at the seat of government a Department of Agriculture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful information on subjects connected with agriculture, rural development, aquaculture, and human nutrition, in the most general and comprehensive sense of those terms, and to procure, propagate, and distribute among the people new and valuable seeds and plants.
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Federal law — U.S. Code and appendices · legal_authorities
The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1291
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Federal law — U.S. Code and appendices · legal_authorities
The several district courts have jurisdiction specifically to enforce, and to enjoin and restrain any person from violating any order issued under [section 193 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section193&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Any packer or swine contractor, or any officer, director, agent, or employee of a packer or swine contractor, who fails to obey any order of the Secretary issued under the provisions of [section 193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section193&num=0&edition=prelim), or such order as modified—
(1) After the expiration of the time allowed for filing a petition in the court of appeals to set aside or modify such order, if no such petition has been filed within such time; or
(2) After the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has been sustained by the court of appeals and no such writ has been applied for within such time; or
(3) After such order, or such order as modified, has been sustained by the courts as provided in [section 194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section194&num=0&edition=prelim); shall on conviction be fined not less than $500 nor more than $10,000, or imprisoned for not less than six months nor more than five years, or both. Each day during which such failure continues shall be deemed a separate offense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 195
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Federal law — U.S. Code and appendices · legal_authorities
On and after July 12, 1943, the Secretary may require reasonable bonds from every market agency (as defined in this subchapter), every packer (as defined in subchapter II of this chapter) in connection with its livestock purchasing operations (except that those packers whose average annual purchases do not exceed $500,000 will be exempt from the provisions of this paragraph), and every other person operating as a dealer (as defined in this subchapter) under such rules and regulations as he may prescribe, to secure the performance of their obligations, and whenever, after due notice and hearing, the Secretary finds any registrant is insolvent or has violated any provisions of this chapter he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five days, unless suspended or modified or set aside by the Secretary or a court of competent jurisdiction. If the Secretary finds any packer is insolvent, he may after notice and hearing issue an order under the provisions of [section 193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section193&num=0&edition=prelim) requiring such packer to cease and desist from purchasing livestock while insolvent, or while insolvent purchasing livestock except under such conditions as the Secretary may prescribe to effectuate the purposes of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 333
TITLE 7—AGRICULTURE
§ 193
pose or with the effect of manipulating or con-
trolling prices, or of creating a monopoly in the
acquisition of, buying, selling, or dealing in, any
article, or of restraining commerce; or
(e) Engage in any course of business or do any
act for the purpose or with the effect of manipu-
lating or controlling prices, or of creating a mo-
nopoly in the acquisition of, buying, selling, or
dealing in, any article, or of restraining com-
merce; or
(f) Conspire, combine, agree, or arrange with
any other person (1) to apportion territory for
carrying on business, or (2) to apportion pur-
chases or sales of any article, or (3) to manipu-
late or control prices; or
(g) Conspire, combine, agree, or arrange with
any other person to do, or aid or abet the doing
of, any act made unlawful by subdivisions (a),
(b), (c), (d), or (e).
(Aug. 15, 1921, ch. 64, title II, § 202, 42 Stat. 161;
Aug. 15, 1921, ch. 64, title V, § 503, as added Aug.
14, 1935, ch. 532, 49 Stat. 649; Pub. L. 85–909, § 1(1),
Sept. 2, 1958, 72 Stat. 1749; Pub. L. 94–410, § 3(a),
Sept. 13, 1976, 90 Stat. 1249; Pub. L. 100–173, § 3,
Nov. 23, 1987, 101 Stat. 917; Pub. L. 102–237, title
X, § 1008(1), Dec. 13, 1991, 105 Stat. 1898; Pub. L.
106–78, title IX, § 912, Oct. 22, 1999, 113 Stat. 1205;
Pub. L. 107–171, title X, § 10502(b)(1), (2)(A), May
13, 2002, 116 Stat. 509, 510.)
AMENDMENT OF SECTION
For termination of amendment by section 942
of Pub. L. 106–78, see Termination Date of 1999
Amendment note below.
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–171, § 10502(b)(1), substituted ‘‘packer
or swine contractor’’ for ‘‘packer’’ in introductory pro-
visions.
Subsec. (c). Pub. L. 107–171, § 10502(b)(2)(A), inserted
‘‘, swine contractor,’’ after ‘‘other packe
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 193
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