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7 U.S.C. § 1600 — Cease and desist proceedings
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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Source file: Laws/federal/codes/united-states-code/title-7/section-1600-cease-and-desist-proceedings--920f68a830.md
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Source location: Title 7, Chapter 37, § 1600; chapter-037-seeds.md
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**(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.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1600&num=0&edition=prelim), the Secretary of Agriculture at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the person to be heard, may amend or set aside the report or order, in whole or in part.
**(d) Service** Complaints, orders, and other processes of the Secretary of Agriculture under this section may be served by anyone duly authorized by the Secretary of Agriculture, either (1) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (2) by leaving a copy thereof at the principal office or place of business of such person, partnership, or corporation; or (3) by mailing a copy thereof by registered mail or by certified mail addressed to such person, partnership, or corporation at his or its last known principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said order shall be proof of the same, and the return postoffice receipt for said complaint, order, or other process mailed by registered mail or by certified mail as aforesaid shall be proof of the service of the same.
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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
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
Page 892
TITLE 7—AGRICULTURE
§ 1600
EFFECTIVE DATE
See section 1610 of this title.
§ 1600. Appeal to court of appeals
An order made under section 1599 of this title
shall be final and conclusive unless within thir-
ty days after the service the person appeals to
the court of appeals for the circuit in which
such person resides or 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, condi-
tioned that such person will pay the costs of the
proceedings if the court so directs.
The clerk of the court shall immediately cause
a copy of the petition to be delivered to the Sec-
retary, and the Secretary shall thereupon file in
the court the record in such proceedings, as pro-
vided in section 2112 of title 28. 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.
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 person and his offi-
cers, directors, agents, and employees from vio-
lating any of the provisions of the order pending
the final determination of the appeal.
The evidence so taken or admitted and filed as
aforesaid as a part of the record, shall be consid-
ered by the court as the evidence in the case.
The court may affirm, modify, or set aside the
order of the Secretary.
If the court determines that the just and prop-
er disposition of the case requires the taking o
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1600
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