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7 U.S.C. § 228aAuthority of Secretary to request temporary injunction or restraining order

submitted 105 years ago by Pub. L. 94-410 to r/title-7-AGRICULTURE · 325 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Secretary of Agriculture believes a livestock dealer is failing to pay for animals, is insolvent, or lacks a required bond, and that stopping the business would serve the public interest, the Secretary can ask the Attorney General to get a court to issue an injunction or restraining order — without needing a bond.

This section lets the government act quickly to stop a livestock dealer from causing financial harm while a formal case is still pending. When this applies. The Secretary can act if there's reason to believe a person covered by this chapter has done one of three things: (a) failed to pay, or is unable to pay, for livestock, meat, meat products, or live poultry, or failed to pay a poultry grower what's owed, or failed to pass along the proceeds from selling such goods on commission; (b) operated while insolvent, or otherwise broken this chapter's rules in a way likely to cause irreparable harm to someone else; or (c) doesn't have the bond this chapter requires. The Secretary must also believe it would serve the public interest to stop that person from operating — either entirely, or only under conditions that protect sellers, consignors, or other affected people — until a formal complaint is resolved or a cease-and-desist order becomes final (or is overturned on appeal). What happens next. In that situation, the Secretary can notify the Attorney General, who may then ask a federal district court — in the district where the person does business or lives — for a temporary injunction or restraining order. If a proper showing is made and the order is needed to carry out this section's purpose, the court must issue it, without requiring a bond. Attorneys working for the Secretary of Agriculture may, with the Attorney General's approval, appear in court to represent the Secretary in seeking that order.
the actual law source: uscode.house.gov ↗public domain

Whenever the Secretary has reason to believe that any person subject to this chapter (a) with respect to any transactions subject to this chapter, has failed to pay or is unable to pay for livestock, meats, meat food products, or livestock products in unmanufactured form, or live poultry, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement, or has failed to remit to the person entitled thereto the net proceeds from the sale of any such commodity sold on a commission basis; or (b) has operated while insolvent, or otherwise in violation of this chapter in a manner which may reasonably be expected to cause irreparable damage to another person; or (c) does not have the required bond; and that it would be in the public interest to enjoin such person from operating subject to this chapter or enjoin him from operating subject to this chapter except under such conditions as would protect vendors or consignors of such commodities or other affected persons, until a complaint under this chapter is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective within the meaning of this chapter or is set aside on appellate review of the Secretary’s order, the Secretary may notify the Attorney General, who may apply to the United States district court for the district in which such person has his principal place of business or in which he resides for a temporary injunction or restraining order. When needed to effectuate the purposes of this section, the court shall, upon a proper showing, issue a temporary injunction or restraining order, without bond. Attorneys employed by the Secretary of Agriculture may, with the approval of the Attorney General, appear in the United States district court representing the Secretary in any action seeking such a temporary restraining order or injunction.

Source credit: (Aug. 15, 1921, ch. 64, title IV, § 408, as added Pub. L. 94–410, § 5, Sept. 13, 1976, 90 Stat. 1250; amended Pub. L. 100–173, § 8, Nov. 23, 1987, 101 Stat. 919.)

history & why it existsrecord from the source credit
  • 1921Enacted · Pub. L. 94-410 · 90 Stat. 1250
  • 1987Amended · Pub. L. 100-173 · 101 Stat. 919

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-410 on 1921-08-15.

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