United States Code

7 U.S.C. § 228a

Authority of Secretary to request temporary injunction or restraining order

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Bills that would change it 17

  • S 4996 A bill to regulate market concentration and competition in the food and agriculture industry, and for other purposes. Amends · introduced · 119th Congress
  • S 2633 Poultry Grower Fairness Act of 2023 Amends 228a(a) · introduced · 118th Congress
  • HR 4979 Fairness for Small-Scale Farmers and Ranchers Act Amends · introduced · 118th Congress
  • S 2670 Fairness for Small-Scale Farmers and Ranchers Act Amends · introduced · 118th Congress
  • HR 797 Farm System Reform Act of 2023 Amends 228a(a) · introduced · 118th Congress
  • HR 798 Protecting America’s Meatpacking Workers Act of 2023 Amends 228a(a) · introduced · 118th Congress
  • HR 1167 Justice for Black Farmers Act of 2023 Amends 228a(a) · introduced · 118th Congress
  • S 270 Protecting America’s Meatpacking Workers Act of 2023 Amends 228a(a) · introduced · 118th Congress
  • S 271 Farm System Reform Act of 2023 Amends 228a(a) · introduced · 118th Congress
  • S 96 Justice for Black Farmers Act of 2023 Amends 228a(a) · introduced · 118th Congress
  • HR 6250 Protecting America’s Meatpacking Workers Act of 2021 Amends 228a(a) · introduced · 117th Congress
  • S 3285 Protecting America’s Meatpacking Workers Act of 2021 Amends 228a(a) · introduced · 117th Congress
  • HR 4421 Farm System Reform Act of 2021 Amends 228a(a) · introduced · 117th Congress
  • S 2332 Farm System Reform Act of 2021 Amends 228a(a) · introduced · 117th Congress
  • HR 1393 Justice for Black Farmers Act of 2021 Amends 228a(a) · introduced · 117th Congress
  • S 300 Justice for Black Farmers Act of 2021 Amends 228a(a) · introduced · 117th Congress
  • S 3221 Farm System Reform Act of 2019 Amends 228a(a) · introduced · 116th Congress

The law today

From the official United States Code, current through Public Law 119-124.

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.
Official text at uscode.house.gov ↗