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7 U.S.C. § 195 — Punishment for violation of order
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.
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Stable record: federal_law:legal_authorities:record_usc_a4a29a41f227e614f8482460
Source file: Laws/federal/codes/united-states-code/title-7/section-195-punishment-for-violation-of-order--1cd02e2a5a.md
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Source location: Title 7, Chapter 9, § 195; chapter-009-packers-and-stockyards.md
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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.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 193
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 194
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Federal law — U.S. Code and appendices · legal_authorities
Page 335
TITLE 7—AGRICULTURE
§ 197
AMENDMENTS
2002—Subsecs. (a), (c), (g). Pub. L. 107–171 substituted
‘‘packer or swine contractor’’ for ‘‘packer’’ wherever
appearing.
1984—Subsec. (d). Pub. L. 98–620 struck out provisions
requiring proceedings in such cases in the court of ap-
peals to be made a preferred cause and expedited in
every way.
1958—Subsec. (b). Pub. L. 85–791 § 6(b), substituted
‘‘thereupon file in the court’’ for ‘‘forthwith prepare,
certify, and file in the court a full and accurate tran-
script of’’, and ‘‘as provided in section 2112 of Title 28’’
for ‘‘including the complaint, the evidence, and the re-
port and order’’ in first sentence, and ‘‘record’’ for
‘‘transcript’’ in second sentence.
Subsec. (c). Pub. L. 85–791, § 6(b), substituted ‘‘peti-
tion’’ for ‘‘transcript’’.
Subsec. (d). Pub. L. 85–791, § 6(b), struck out ‘‘duly
certified’’ after ‘‘admitted’’.
Subsec. (h). Pub. L. 85–791, § 6(c), substituted ‘‘juris-
diction, which upon the finding of the record with it
shall be exclusive,’’ for ‘‘exclusive jurisdiction,’’ and
section ‘‘1254’’ for ‘‘347’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Act June 25, 1948, eff. Sept. 1, 1948, as amended May
24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit
court of appeals’’, wherever appearing.
Act of June 7, 1934, provided that Court of Appeals in
District of Columbia, should hereafter be known as the
United States Court of Appeals for the District of Co-
lumbia.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
set out as an Effective Date note under section 1657 of
Title 28, Judiciary and Judicial Procedure.
§ 195. Punishment for violation of order
Any packer or
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 195
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