§ 193. Procedure before Secretary for violations

Statutory text

Complaint; hearing; intervention

Whenever the Secretary has reason to believe that any packer or swine contractor has violated or is violating any provision of this subchapter, he shall cause a complaint in writing to be served upon the packer or swine contractor, stating his charges in that respect, and requiring the packer or swine contractor to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the packer or swine contractor a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may on application be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing the Secretary may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the packer or swine contractor, be adjourned for a period not exceeding fifteen days.

Report and order; penalty

If, after such hearing, the Secretary finds that the packer or swine contractor has violated or is violating any provisions of this subchapter covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the packer or swine contractor an order requiring such packer or swine contractor to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. The Secretary may also assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.

Amendment of report or order

Until the record in such hearing has been filed in a court of appeals of the United States, as provided in section 194 of this title, the Secretary at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the packer or swine contractor to be heard, may amend or set aside the report or order, in whole or in part.

Service of process

Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in section 45 of title 15.

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.

1921
Pub. L. 67–64 · 42 Stat. 147
Enacted · 7 U.S.C. § 193
Aug. 15, 1921, ch. 64, title II, § 203, 42 Stat. 161
Source evidence
Code source credit
Aug. 15, 1921, ch. 64, title II, § 203, 42 Stat. 161
1958
Pub. L. 85–791 § 6(a) · 72 Stat. 941
Struck · 7 U.S.C. § 193(c)
Pub. L. 85–791 struck out “a transcript of” after “until”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 85–791 struck out “a transcript of” after “until”.
Enacted provision · exact public law section
(a) Subsection (c) of section 203 of the Packers and Stockyards Agriculture. 7 USC 193. Act, 1921 (42 Stat. 162), is amended to read as follows: “(c) Until the record in such hearing has been filed in a court of appeals of the United States, as provided in section 204, the Secretary at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the packer to be heard, may amend or set aside the report or order, in whole or in part.”
1976
Pub. L. 94–410 § 3(b) · 90 Stat. 1249
Inserted · 7 U.S.C. § 193(b)
Pub. L. 94–410 inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–410 inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty.
Enacted provision · exact public law section
(b) Sections 203(b) and 312(b) of the Packers and Stockyards Act 17 U.S.C. 193(b) and 213(b)) are amended by adding at the end of both sections the following new sentences: “The Secretary may also Penalty. assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after- the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.”.
2002
Pub. L. 107–171 title X § 10502(b)(1) · 116 Stat. 134
Substituted · 7 U.S.C. § 193(a)(c)
Pub. L. 107–171 substituted “packer or swine contractor” for “packer” wherever appearing
Source evidence
Code amendment note
Subsecs. (a) to (c). Pub. L. 107–171 substituted “packer or swine contractor” for “packer” wherever appearing.
Enacted provision · exact public law section
(1) In general.— The Packers and Stockyards Act, 1921, is amended by striking “packer” each place it appears in sections 202, 203, 204, and 205 (7 U.S.C. 192, 193, 194, 195) (other than section 202(c)) and inserting “packer or swine contractor”.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1958–2002 · 3 rounds

2002

Subsecs. (a) to (c). Pub. L. 107–171 substituted “packer or swine contractor” for “packer” wherever appearing.

1976

Subsec. (b). Pub. L. 94–410 inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty.

1958

Subsec. (c). Pub. L. 85–791 struck out “a transcript of” after “until”.

Statutory Notes and Related Subsidiaries

Change of Name

Act June 25, 1948, as amended by act May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.

Executive Documents

Transfer of Functions

Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

Credits

1921–2002 · 6 acts

1921Aug. 15, 1921, ch. 64, title II, § 203, 42 Stat. 161
1948June 25, 1948, ch. 646, § 32(a), 62 Stat. 991
1949May 24, 1949, ch. 139, § 127, 63 Stat. 107
1958Pub. L. 85–791, § 6(a), Aug. 28, 1958, 72 Stat. 944
1976Pub. L. 94–410, § 3(b), Sept. 13, 1976, 90 Stat. 1249
2002Pub. L. 107–171, title X, § 10502(b)(1), May 13, 2002, 116 Stat. 509.

Show as published

(Aug. 15, 1921, ch. 64, title II, § 203, 42 Stat. 161; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 6(a), Aug. 28, 1958, 72 Stat. 944; Pub. L. 94–410, § 3(b), Sept. 13, 1976, 90 Stat. 1249; Pub. L. 107–171, title X, § 10502(b)(1), May 13, 2002, 116 Stat. 509.)