PRIA Logo™
Take the PRIA Score
Title 7 — AgricultureRelease 119-73

§1600 Appeal to court of appeals

Title 7 › Chapter CHAPTER 37— - SEEDS › Subchapter SUBCHAPTER IV— - GENERAL PROVISIONS › § 1600

Last updated Apr 6, 2026|Official source

Summary

To challenge a Secretary’s order under section 1599, a person must appeal within thirty days after being served. They must file a written petition with the clerk of the U.S. court of appeals for the circuit where they live or have their main business. The court will set a bond amount. The bond must promise to pay the costs if the court later orders. The clerk must send a copy of the petition to the Secretary, who then files the case record in the court. If the Secretary changes the order before that record is filed, the petitioner may amend the petition after giving notice. The court can issue a temporary injunction to stop the person and their officers, directors, agents, and employees from violating the order while the appeal is decided. The court reviews the record, may take more evidence, and may affirm, change, or cancel the Secretary’s order. If the court affirms or modifies the order, its decision works as an injunction preventing violations.

Full Legal Text

Title 7, §1600

Agriculture — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Effective Date

of 1984 AmendmentAmendment 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.

Effective Date

See section 1610 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1600

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73