7 U.S.C. § 1599 — Cease and desist proceedings

Page 891 TITLE 7—AGRICULTURE § 1599 1 So in original. Probably should be ‘‘present’’. of gross negligence or of a failure to make a reasonable effort to inform himself of the pertinent facts,’’ and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1956 AMENDMENT Act July 9, 1956, ch. 520, § 4, 70 Stat. 508, provided that: ‘‘The amendments made by this Act [amending sections 1574, 1596, and 1602 of this title] shall be applicable only with respect to violations occurring after the enact- ment of this Act [July 9, 1956].’’ EFFECTIVE DATE See section 1610 of this title. § 1597. Agent’s acts as binding principal When construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person, partnership, corpora- tion, company, society, or association, shall in every case be also deemed to be the act, omis- sion, or failure of such person, partnership, cor- poration, company, society, or association, as well as that of the person employed. (Aug. 9, 1939, ch. 615, title IV, § 407, 53 Stat. 1286.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1598. Notice of intention to prosecute Before any violation of this chapter is re- ported 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 pre- vent 1 his views, either orally or in writing, with regard to such contemplated proceeding. (Aug. 9, 1939, ch. 615, title IV, § 408, 53 Stat. 1286.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1599. Cease and desist proceedings (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 promul- gated 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 Sec- retary of Agriculture may prescribe. At any time prior to the close of the hearing the Sec- retary of Agriculture may amend the complaint; but in case of any amendment adding new provi- sions 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 Agri- culture 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 requir- ing such person to cease and desist from con- tinuing 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, the Secretary of Agriculture at any time, upon such notice and in such manner as he deems proper, but only after reasonable oppor- tunity 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 Sec- retary 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 offi- cer 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, part- nership, or corporation; or (3) by mailing a copy thereof by registered mail or by certified mail addressed to such person, partnership, or cor- poration 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. (Aug. 9, 1939, ch. 615, title IV, § 409, 53 Stat. 1287; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 24(a), Aug. 28, 1958, 72 Stat. 949; Pub. L. 86–507, § 1(7), June 11, 1960, 74 Stat. 200.) Editorial Notes AMENDMENTS 1960—Subsec. (d). Pub. L. 86–507 substituted ‘‘mailing a copy thereof by registered mail or by certified mail’’ for ‘‘registering and mailing a copy thereof’’ and ‘‘mailed by registered mail or by certified mail’’ for ‘‘registered and mailed’’. 1958—Subsec. (c). Pub. L. 85–791 struck out ‘‘a tran- script of’’ before ‘‘the record’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of ap- peals’’ which appeared in subsec. (c) of this section. 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 of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the ad- ditional evidence so taken, and he shall file such modified or new findings and his recommenda- tions, if any, for the modification or setting aside of his order, with the return of such addi- tional evidence. If the court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the person and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified. (Aug. 9, 1939, ch. 615, title IV, § 410, 53 Stat. 1287; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 24(b), Aug. 28, 1958, 72 Stat. 949; Pub. L. 98–620, title IV, § 402(7)(A), Nov. 8, 1984, 98 Stat. 3357.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–620 in fourth par., struck out provi- sions requiring proceedings in such cases in the court of appeals to be made a preferred cause and expedited in every way. 1958—Pub. L. 85–791 substituted, in first sentence of second par., ‘‘thereupon file in the court the record in such proceedings as provided in section 2112 of title 28’’ for ‘‘forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such pro- ceedings, including the complaint, the evidence, and the report and order’’, substituted, in second sentence of second par., ‘‘record’’ for ‘‘transcript’’, substituted in third par., ‘‘petition’’ for ‘‘transcript’’, and struck out, in fourth par., ‘‘, duly certified’’ after ‘‘admitted’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of ap- peals’’ wherever appearing. 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. EFFECTIVE DATE See section 1610 of this title. § 1601. Enforcement of order If any person against whom an order is issued under section 1599 of this title 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 en- forcement of the order, and shall file the record in such proceedings, as provided in section 2112 of title 28. 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 proce- dure to be followed, and the jurisdiction of the court shall be the same as provided in section 1600 of this title for applications to set aside or modify orders. (Aug. 9, 1939, ch. 615, title IV, § 411, 53 Stat. 1288; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 24(c), Aug. 28, 1958, 72 Stat. 949; Pub. L. 98–620, title IV, § 402(7)(B), Nov. 8, 1984, 98 Stat. 3357.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–620 struck out second par. which re- quired proceedings in such cases to be made a preferred cause and expedited in every way. 1958—Pub. L. 85–791 substituted ‘‘file the record in such proceedings as provided in section 2112 of title 28’’ for ‘‘certify and file with its application a full and ac- curate transcript of the record in such proceedings, in- cluding the complaint, the evidence, the report, and the order’’ in first sentence, and struck out ‘‘and tran- script’’ after ‘‘application’’ in second sentence. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1948, as amended by act May 24, 1949, substituted ‘‘court of ap- peals’’ for ‘‘circuit court of appeals’’ wherever appear- ing in this section. 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,