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7 U.S.C. § 195 — Punishment for violation of order

submitted 105 years ago by ch. 64 to r/title-7-AGRICULTURE · 186 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who disobeys the Secretary's cease-and-desist order faces criminal punishment. This applies once appeal deadlines pass or courts uphold the order. The fine runs $500 to $10,000, plus up to five years in prison, or both.

A packer or swine contractor — or any of their officers, directors, agents, or employees — who disobeys an order from the Secretary issued under section 193 (or that order as modified) can be prosecuted, once one of these is true: (1) the deadline for filing an appeal to a court of appeals has passed without a petition being filed; (2) the deadline for asking the Supreme Court for review has passed, after a court of appeals upheld the order, without anyone applying for that review; or (3) the courts have already upheld the order (or the modified order) as described in section 194. Once convicted, the punishment is a fine of $500 to $10,000, or six months to five years in prison, or both. Each day the violation continues counts as a separate offense.
the actual law source: uscode.house.gov ↗public domain

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, 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; 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 credit: (Aug. 15, 1921, ch. 64, title II, § 205, 42 Stat. 163; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 107–171, title X, § 10502(b)(1), May 13, 2002, 116 Stat. 509.)

history & why it existsrecord from the source credit
  • 1921Enacted · Act of Aug. 15, 1921, ch. 64 · 42 Stat. 163
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107
  • 2002Amended · Pub. L. 107-171 · 116 Stat. 509

A history note hasn’t been published yet. The record shows enactment by ch. 64 on 1921-08-15.

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