Title 7 — Agriculture
Chapter 37 — Seeds
§ 1600. Appeal to court of appeals
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 76–615 · 53 Stat. 1275
Enacted · 7 U.S.C. § 1600
Aug. 9, 1939, ch. 615, title IV, § 410, 53 Stat. 1287
Source evidence
Code source credit
Aug. 9, 1939, ch. 615, title IV, § 410, 53 Stat. 1287Pub. L. 85–791 § 24(b) · 72 Stat. 941
Substituted · 7 U.S.C. § 1600
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 · 7 U.S.C. § 1600
Pub. L. 85–791 substituted, in second sentence of second par., “record” for “transcript”
Substituted · 7 U.S.C. § 1600
Pub. L. 85–791 substituted in third par., “petition” for “transcript”
Struck · 7 U.S.C. § 1600
Pub. L. 85–791 struck out, in fourth par., “, duly certified” after “admitted”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(b) The second, third and fourth paragraphs of section 410 of the Federal Seed Act (53 Stat. 1288), are amended to read as follows: 7 USC 1600. “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, United States Code. 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 proceedings in such cases in the court of appeals shall be made a preferred cause and shall be expedited in every way.”Pub. L. 98–620 title IV § 402(7)(A) · 98 Stat. 3335
Struck · 7 U.S.C. § 1600
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(A) Section 410 of the Federal Seed Act (7 U.S.C. 1600) is amended by striking out “The proceedings in such cases in the court of appeals shall be made a preferred cause and shall be expedited in every way.”.Effective date note
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.
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1958–1984 · 2 rounds
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”.
Statutory Notes and Related Subsidiaries
Change of Name
Act , as amended by act , 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 , 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
Credits
1939–1984 · 5 acts
- 1939Aug. 9, 1939, ch. 615, title IV, § 410, 53 Stat. 1287
- 1948June 25, 1948, ch. 646, § 32(a), 62 Stat. 991
- 1949May 24, 1949, ch. 139, § 127, 63 Stat. 107
- 1958Pub. L. 85–791, § 24(b), , 72 Stat. 949
- 1984Pub. L. 98–620, title IV, § 402(7)(A), , 98 Stat. 3357.
Show as published
(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), , 72 Stat. 949; Pub. L. 98–620, title IV, § 402(7)(A), , 98 Stat. 3357.)