PRIA, Government Policy, Made Personal

Summary

If a packer, a swine contractor, or someone who works for them refuses to follow an order from the Secretary under section 193 after the time to challenge the order in court has passed or the courts have upheld the order, they can be punished. On conviction they face a fine of $500 to $10,000, or jail for 6 months to 5 years, or both. Each day they keep disobeying counts as a separate crime.

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