§ 228a. — Authority of Secretary to request temporary injunction or restraining order.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC228a]
TITLE 7--AGRICULTURE
CHAPTER 9--PACKERS AND STOCKYARDS
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 228a. Authority of Secretary to request temporary
injunction or restraining order
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.
(Aug. 15, 1921, ch. 64, title IV, Sec. 408, as added Pub. L. 94-410,
Sec. 5, Sept. 13, 1976, 90 Stat. 1250; amended Pub. L. 100-173, Sec. 8,
Nov. 23, 1987, 101 Stat. 919.)
Codification
A prior section 228a, act Sept. 21, 1944, ch. 412, title I,
Sec. 101(c), 58 Stat. 734, which related to inspections of livestock,
hides, animal products, etc., was transferred to section 396 of this
title.
Prior Provisions
A prior section 408 of act Aug. 15, 1921, was renumbered section 416
and is classified to section 229 of this title.
Amendments
1987--Pub. L. 100-173 inserted ``or live poultry, or has failed to
pay any poultry grower what is due on account of poultry obtained under
a poultry growing arrangement,'' after ``unmanufactured form,''.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-173 effective 90 days after Nov. 23, 1987,
see section 12 of Pub. L. 100-173, set out as a note under section 182
of this title.
