
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC228a]

 
                          TITLE 7--AGRICULTURE
 
                    CHAPTER 9--PACKERS AND STOCKYARDS
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
Sec. 228a. Authority of Secretary to request temporary 
        injunction or restraining order
        
    Whenever the Secretary has reason to believe that any person subject 
to this chapter (a) with respect to any transactions subject to this 
chapter, has failed to pay or is unable to pay for livestock, meats, 
meat food products, or livestock products in unmanufactured form, or 
live poultry, or has failed to pay any poultry grower what is due on 
account of poultry obtained under a poultry growing arrangement, 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 chapter 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 chapter or enjoin him from operating subject to this 
chapter except under such conditions as would protect vendors or 
consignors of such commodities or other affected persons, until a 
complaint under this chapter 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 chapter 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.

(Aug. 15, 1921, ch. 64, title IV, Sec. 408, as added Pub. L. 94-410, 
Sec. 5, Sept. 13, 1976, 90 Stat. 1250; amended Pub. L. 100-173, Sec. 8, 
Nov. 23, 1987, 101 Stat. 919.)

                          Codification

    A prior section 228a, act Sept. 21, 1944, ch. 412, title I, 
Sec. 101(c), 58 Stat. 734, which related to inspections of livestock, 
hides, animal products, etc., was transferred to section 396 of this 
title.


                            Prior Provisions

    A prior section 408 of act Aug. 15, 1921, was renumbered section 416 
and is classified to section 229 of this title.


                               Amendments

    1987--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,''.


                    Effective Date of 1987 Amendment

    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.
