7 U.S.C. § 1601 — Enforcement of order

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, Page 893 TITLE 7—AGRICULTURE § 1606 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. § 1602. Separability The institution of any one of the proceedings provided for in sections 1595, 1596, 1599 to 1601 of this title shall not bar institution of any of the others, except that action shall not be instituted under both subsections 1596(a) and (b) of this title for the same cause of action. Nothing in this chapter shall be construed as requiring the Secretary of Agriculture to recommend prosecu- tion, or institution of civil penalty proceedings, libel proceedings, cease-and-desist proceedings, or proceedings for the enforcement of a cease- and-desist order, for minor violations of this chapter or the rules and regulations made and promulgated thereunder whenever he believes that the public interest will be adequately served by suitable written notice or warning. (Aug. 9, 1939, ch. 615, title IV, § 412, 53 Stat. 1288; July 9, 1956, ch. 520, § 3, 70 Stat. 508.) Editorial Notes AMENDMENTS 1956—Act July 9, 1956, inserted references to civil pen- alties as well as criminal penalties under section 1596 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1956 AMENDMENT Amendments made by act July 9, 1956, applicable only with respect to violations occurring after July 9, 1956, see section 4 of act July 9, 1956, set out as a note under section 1596 of this title. EFFECTIVE DATE See section 1610 of this title. § 1603. Procedural powers; witness fees and mile- age (a) In carrying on the work herein authorized, the Secretary of Agriculture, or any officer or employee designated by him for such purpose, shall have power to hold hearings, administer oaths, sign and issue subpenas, examine wit- nesses, take depositions, and require the produc- tion of books, records, accounts, memoranda, and papers, and have access to office and ware- house premises. Upon refusal by any person to appear, testify, or produce pertinent books, records, accounts, memoranda, and papers in re- sponse to a subpena, or to permit access to premises, the proper United States district court shall have power to compel obedience thereto. (b) Witnesses summoned before the Secretary or any officer or employee designated by him shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like service in the courts of the United States. (Aug. 9, 1939, ch. 615, title IV, § 413, 53 Stat. 1289.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1604. Publication After judgment by the court, or the issuance of a cease and desist order, in any case arising under this chapter, notice thereof shall be given by publication in such manner as may be pre- scribed in the rules and regulations made and promulgated under this chapter. (Aug. 9, 1939, ch. 615, title IV, § 414, 53 Stat. 1289.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1605. Authorization of appropriations (a) There is authorized to be appropriated, out of any money in the Treasury not otherwise ap- propriated, such sums as may be necessary for administering this chapter. (b) Funds appropriated for carrying into effect the purpose of this chapter shall be available for allotment by the Secretary of Agriculture to the bureaus and offices of the Department of Agri- culture and for transfer to other departments and agencies of the Government which the Sec- retary of Agriculture may call upon to assist or cooperate in carrying out such purposes or for services rendered or to be rendered in connec- tion therewith. Appropriations made under this authorization, within the limit prescribed in such appropria- tions, may be expended for the share of the United States in the expense of the Inter- national Seed Testing Congress in carrying out plans for correlating the work of the various ad- hering governments on problems relating to seed analyses or other subjects which the Con- gress may determine to be necessary in the in- terest of international seed trade. (Aug. 9, 1939, ch. 615, title IV, § 415, 53 Stat. 1289; Sept. 21, 1944, ch. 412, title VII, § 701(b), 58 Stat. 741.) Editorial Notes AMENDMENTS 1944—Act Sept. 21, 1944, added last par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1606. Authorization of expenditures The Secretary of Agriculture is authorized to make such expenditures for rent, outside of the District of Columbia, printing, binding, tele- grams, telephones, books of reference, publica- tions, furniture, stationery, office and labora- tory equipment, travel, and other supplies, in- cluding reporting services, such research nec- essary to develop methods of processing, bulk- ing, blending, sampling, testing, and merchan- dising seeds necessary to the administration of this chapter and other necessary expenses in the