§ 1600. — Appeal to court of appeals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1600]
TITLE 7--AGRICULTURE
CHAPTER 37--SEEDS
SUBCHAPTER IV--GENERAL PROVISIONS
Sec. 1600. Appeal to court of appeals
An order made under section 1599 of this title shall be final and
conclusive unless within thirty 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, conditioned 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 Secretary, and the Secretary shall
thereupon file in the court the record in such proceedings, as provided
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 officers, directors, agents,
and employees from violating 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 considered 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 proper 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 additional evidence so taken, and he shall
file such modified or new findings and his recommendations, if any, for
the modification or setting aside of his order, with the return of such
additional 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, Sec. 410, 53 Stat. 1287; June 25,
1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,
Sec. 127, 63 Stat. 107; Pub. L. 85-791, Sec. 24(b), Aug. 28, 1958, 72
Stat. 949; Pub. L. 98-620, title IV, Sec. 402(7)(A), Nov. 8, 1984, 98
Stat. 3357.)
Amendments
1984--Pub. L. 98-620 in fourth par., struck out provisions 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
proceedings, 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''.
Change of Name
Act June 25, 1948, as amended by act May 24, 1949, substituted
``court of appeals'' for ``circuit court of appeals'' 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.
Section Referred to in Other Sections
This section is referred to in sections 1599, 1601, 1602 of this
title.
