Title 7 — Agriculture
Chapter 37 — Seeds
§ 1601. Enforcement of order
Statutory text
If any person against whom an order is issued under section 1599 of this title fails to obey the order, the Secretary of Agriculture, or the United States, by its Attorney General, may apply to the court of appeals of the United States, within the circuit where the person against whom the order was issued resides or has his principal place of business, for the enforcement of the order, and shall file the record in such proceedings, as provided in section 2112 of title 28. Upon such filing of the application the court shall cause notice thereof to be served upon the person against whom the order was issued. The evidence to be considered, the procedure to be followed, and the jurisdiction of the court shall be the same as provided in section 1600 of this title for applications to set aside or modify orders.
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. § 1601
Aug. 9, 1939, ch. 615, title IV, § 411, 53 Stat. 1288
Source evidence
Code source credit
Aug. 9, 1939, ch. 615, title IV, § 411, 53 Stat. 1288Pub. L. 85–791 § 24(c) · 72 Stat. 941
Substituted · 7 U.S.C. § 1601
Pub. L. 85–791 substituted “file the record in such proceedings as provided in section 2112 of title 28” for “certify and file with its application a full and accurate transcript of the record in such proceedings, including the complaint, the evidence, the report, and the order” in first sentence
Struck · 7 U.S.C. § 1601
Pub. L. 85–791 struck out “and transcript” after “application” in second sentence
Source evidence
Code amendment note
Pub. L. 85–791 substituted “file the record in such proceedings as provided in section 2112 of title 28” for “certify and file with its application a full and accurate transcript of the record in such proceedings, including the complaint, the evidence, the report, and the order” in first sentence, and struck out “and transcript” after “application” in second sentence.Enacted provision · exact public law section
(c) The first and second sentences of section 411 of the Federal Seed Act (53 Stat. 1288), are amended to read as follows: 7 USC 1601. “Sec. 411. If any person against whom an order is issued under section 409 fails to obey the order, the Secretary of Agriculture, or the United States, by its Attorney General, may apply to the court of appeals of the United States, within the circuit where the person against whom the order was issued resides or has his principal place of business, for the enforcement of the order, and shall file the record in such proceedings, as provided in section 2112 of title 28, United States Code. Upon such filing of the application the court shall cause notice thereof to be served upon the person against whom the order was issued.”Pub. L. 98–620 title IV § 402(7)(B) · 98 Stat. 3335
Struck · 7 U.S.C. § 1601
Pub. L. 98–620 struck out second par. which required proceedings in such cases to be made a preferred cause and expedited in every way
Source evidence
Code amendment note
Pub. L. 98–620 struck out second par. which required proceedings in such cases to be made a preferred cause and expedited in every way.Enacted provision · exact public law section
(B) Section 411 of the Federal Seed Act (7 U.S.C. 1601) is amended by striking out “The proceedings in such cases 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.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1958–1984 · 2 rounds
1984
Pub. L. 98–620 struck out second par. which required proceedings in such cases to be made a preferred cause and expedited in every way.
1958
Pub. L. 85–791 substituted “file the record in such proceedings as provided in section 2112 of title 28” for “certify and file with its application a full and accurate transcript of the record in such proceedings, including the complaint, the evidence, the report, and the order” in first sentence, and struck out “and transcript” after “application” in second sentence.
Statutory Notes and Related Subsidiaries
Change of Name
Act , as amended by act , as amended by act , substituted “court of appeals” for “circuit court of appeals” wherever appearing in this section.
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, § 411, 53 Stat. 1288
- 1948June 25, 1948, ch. 646, § 32(a), 62 Stat. 991
- 1949May 24, 1949, ch. 139, § 127, 63 Stat. 107
- 1958Pub. L. 85–791, § 24(c), , 72 Stat. 949
- 1984Pub. L. 98–620, title IV, § 402(7)(B), , 98 Stat. 3357.
Show as published
(Aug. 9, 1939, ch. 615, title IV, § 411, 53 Stat. 1288; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 24(c), , 72 Stat. 949; Pub. L. 98–620, title IV, § 402(7)(B), , 98 Stat. 3357.)