§ 228a. Authority of Secretary to request temporary injunction or restraining order

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.

1. 1921

   Pub. L. 94–410 § 5 · 90 Stat. 1249

   Enacted · 7 U.S.C. § 228a

   Aug. 15, 1921, ch. 64, title IV, § 408, as added Pub. L. 94–410, § 5, Sept. 13, 1976, 90 Stat. 1250

   Source evidence

   Code source credit
   Aug. 15, 1921, ch. 64, title IV, § 408, as added Pub. L. 94–410, § 5, Sept. 13, 1976, 90 Stat. 1250

   Enacted provision · exact public law section
   Sec. 5. The Packers and Stockyards Act, 1921, as amended, is further amended by redesignating section 408 as section 411 and by adding a new section 408 to read as follows: “Sec. 408. Whenever the Secretary has reason to believe that any person subject to this Act (a) with respect to any transactions subject to this Act, has failed to pay or is unable to pay for livestock, meats, meat food products, or livestock products in unmanufactured form, 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 Act 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 Act. or enjoin him from operating subject to this Act except under such conditions as would protect vendors or consignors of such commodities or other affected persons, until a complaint under this Act 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 Act 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.”.

2. 1987

   Poultry Producers Financial Protection Act of 1987

   Pub. L. 100–173 § 8 · 101 Stat. 917

   Inserted · 7 U.S.C. § 228a

   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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   SEC. 8. AUTHORITY OF SECRETARY TO REQUEST INJUNCTIVE RELIEF. Section 408 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228a), is amended by inserting after “unmanufactured form,” the following: “or live poultry, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement,”.

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision