§194 — Title 7 Agriculture | U.S. Code

Summary

A packer or swine contractor who wants to fight the Secretary’s order must file a written appeal in the federal court of appeals for the circuit where their main business is within 30 days after they are served. They must give a bond set by the court that can cover costs if the court later orders. The court clerk must send a copy of the appeal to the Secretary, who then files the case record with the court. If the Secretary changes the order before filing the record, the appellant may change their petition on notice to the Secretary. The court can temporarily order the packer or contractor and their officers and employees to stop violating the Secretary’s order while the appeal goes on, if the Secretary asks. The record and its evidence are used as the court’s evidence. The court may affirm, change, or cancel the order. If more evidence is needed, the court can reopen the hearing and the Secretary may file new or revised findings. Once the record is filed, the court of appeals has exclusive review power; its decision is final unless the Supreme Court takes the case by certiorari within 60 days. Asking for Supreme Court review does not automatically pause the appeals court’s decision unless the Supreme Court orders a stay.

Title 7, §194

Agriculture — Source: USLM XML via OLRC

(a)An order made under section 193 of this title shall be final and conclusive unless within thirty days after service the packer or swine contractor appeals to the court of appeals for the circuit in which he 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 packer or swine contractor will pay the costs of the proceedings if the court so directs.

(b)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.

(c)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 packer or swine contractor and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal.

(d)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.

(e)The court may affirm, modify, or set aside the order of the Secretary.

(f)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 modifications or setting aside of his order, with the return of such additional evidence.

(g)If the court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the packer or swine contractor, and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified.

(h)The court of appeals shall have jurisdiction, which upon the filing of the record with it shall be exclusive, to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 1254 of title 28, if such writ is duly applied for within sixty days after entry of the decree. The issue of such writ shall not operate as a stay of the decree of the court of appeals, insofar as such decree operates as an injunction unless so ordered by the Supreme Court.

Notes & Related Subsidiaries

Editorial Notes

Codification Former subsec. (i), which extended the former term “circuit court of appeals”, in case the principal place of business of the packer is in the District of Columbia, to the United States Court of Appeals for the District of Columbia, for the purposes of sections 191 to 195 of this title, was omitted from the Code as obsolete. The District of Columbia is a judicial circuit under section 41 and 43 of Title 28, Judiciary and Judicial Procedure. See, also,

Change of Name

note below.

Amendments

2002—Subsecs. (a), (c), (g). Pub. L. 107–171 substituted “packer or swine contractor” for “packer” wherever appearing. 1984—Subsec. (d). Pub. L. 98–620 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—Subsec. (b). Pub. L. 85–791 § 6(b), substituted “thereupon file in the court” for “forthwith prepare, certify, and file in the court a full and accurate transcript of”, and “as provided in section 2112 of Title 28” for “including the complaint, the evidence, and the report and order” in first sentence, and “record” for “transcript” in second sentence. Subsec. (c). Pub. L. 85–791, § 6(b), substituted “petition” for “transcript”. Subsec. (d). Pub. L. 85–791, § 6(b), struck out “duly certified” after “admitted”. Subsec. (h). Pub. L. 85–791, § 6(c), substituted “jurisdiction, which upon the finding of the record with it shall be exclusive,” for “exclusive jurisdiction,” and section “1254” for “347”.

Statutory Notes and Related Subsidiaries

Change of Name

Act

June 25, 1948, eff. Sept. 1, 1948, as amended

May 24, 1949, substituted “court of appeals” for “circuit court of appeals”, wherever appearing. Act of

June 7, 1934, provided that Court of Appeals in District of Columbia, should hereafter be known as the United States Court of Appeals for the District of Columbia.

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.

§194 Conclusiveness of Order; Appeal and Review

Summary

Title 7, §194

Notes & Related Subsidiaries

Editorial Notes

Change of Name

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Citations & Metadata