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

Summary

Anyone who is a packer or swine contractor, or an officer, director, agent, or employee of one, who disobeys an order from the Secretary under section 193 (or a changed order) after the time to challenge it has passed will be punished. That includes when no appeal was filed in the court of appeals in time, when the appeals court upheld the order and no Supreme Court review (writ of certiorari) was sought in time, or when the courts finally upheld the order under section 194. On conviction the person can be fined $500 to $10,000, jailed 6 months to 5 years, or both. Each day the violation continues counts as a separate offense.

Title 7, §195

Agriculture — Source: USLM XML via OLRC

Any packer or swine contractor, or any officer, director, agent, or employee of a packer or swine contractor, who fails to obey any order of the Secretary issued under the provisions of section 193 of this title, or such order as modified—

(1)After the expiration of the time allowed for filing a petition in the court of appeals to set aside or modify such order, if no such petition has been filed within such time; or

(2)After the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has been sustained by the court of appeals and no such writ has been applied for within such time; or

(3)After such order, or such order as modified, has been sustained by the courts as provided in section 194 of this title; shall on conviction be fined not less than $500 nor more than $10,000, or imprisoned for not less than six months nor more than five years, or both. Each day during which such failure continues shall be deemed a separate offense.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Pub. L. 107–171 substituted “packer or swine contractor” for “packer” in two places in introductory provisions.

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 in this section.

§195 Punishment for Violation of Order