7 U.S.C. § 193

Procedure before Secretary for violations

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(a) Complaint; hearing; intervention

Whenever the Secretary has reason to believe that any packer or swine contractor has violated or is violating any provision of this subchapter, he shall cause a complaint in writing to be served upon the packer or swine contractor, stating his charges in that respect, and requiring the packer or swine contractor to attend and testify at a hearing at a time and place designated therein, at least thirty days after the service of such complaint; and at such time and place there shall be afforded the packer or swine contractor a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may on application be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing the Secretary may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the packer or swine contractor, be adjourned for a period not exceeding fifteen days.

(b) Report and order; penalty

If, after such hearing, the Secretary finds that the packer or swine contractor has violated or is violating any provisions of this subchapter covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the packer or swine contractor an order requiring such packer or swine contractor to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. The Secretary may also assess a civil penalty of not more than $10,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General who may recover such penalty by an action in the appropriate district court of the United States.

Until the record in such hearing has been filed in a court of appeals of the United States, as provided in section 194 of this title, the Secretary at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the packer or swine contractor to be heard, may amend or set aside the report or order, in whole or in part.

(d) Service of process

Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in section 45 of title 15.

(Aug. 15, 1921, ch. 64, title II, § 203, 42 Stat. 161; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 6(a), Aug. 28, 1958, 72 Stat. 944; Pub. L. 94–410, § 3(b), Sept. 13, 1976, 90 Stat. 1249; Pub. L. 107–171, title X, § 10502(b)(1), May 13, 2002, 116 Stat. 509.)Editorial NotesAmendments

2002—Subsecs. (a) to (c). Pub. L. 107–171 substituted “packer or swine contractor” for “packer” wherever appearing.

1976—Subsec. (b). Pub. L. 94–410 inserted provisions dealing with authority of Secretary to assess a civil penalty for violations and, upon failure to pay, procedure for recovery of such penalty.

1958—Subsec. (c). Pub. L. 85–791 struck out “a transcript of” after “until”.

Statutory Notes and Related SubsidiariesChange of Name

Act June 25, 1948, as amended by act May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.

Executive DocumentsTransfer of Functions

Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

Notes of Decisions

Cited in 29 cases (3 in the last 5 years), 1934–2021 · leading case: Been v. O.K. Indus., Inc., 495 F.3d 1217 (10th Cir. 2007).

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Been v. O.K. Indus., Inc., 495 F.3d 1217 (10th Cir. 2007). · cites it 6× “3d at 1304 (citing administrative complaint procedures under 7 U.S.C. § 193 (a)); Jackson v. Swift Eckrich, Inc.”

Washington Gas Light Co. v. Pub. Serv. Comm'n, 982 A.2d 691 (D.C. 2009). · cites it 2× “, 7 U.S.C. § 193 (b) (Secretary of Agriculture); 12 U.”

Harold Bruce London v. Fieldale Farms Corp., 410 F.3d 1295 (11th Cir. 2005). · cites it 2× “Persons injured as a result of a violation by a live poultry dealer may bring an action in federal district court to recover “the full amount' of damages sustained in consequence of such violation.”

Beef Nebraska, Inc., a Nebraska Corp. v. United States of Am., United States Dep't of Agric., 807 F.2d 712 (8th Cir. 1986). · cites it 2× “7 U.S.C. § 193 (1982). The complaint charged that its use of checks drawn on the Palmer Bank constituted an unfair practice under § 202(a) of the Act, 7 U.”

United States v. Joey Haun, 124 F.3d 745 (6th Cir. 1997). · cites it 2× “See 7 U.S.C. §§ 193 (b), 213(b). Congress, however, explicitly channeled recovery of § 303’s penalty to the courts, and we cannot therefore imply an alternative administrative avenue of redress.”

Adams v. Califano, 474 F. Supp. 974 (D. Maryland 1979). “§ 7118 (a); 7 U.S.C. § 193 (b); 12 U.S.C. § 1786 (i); 15 U.”

Melvin Beene Produce Co. v. The Agric. Mktg. Serv., 728 F.2d 347 (6th Cir. 1984). · cites it 2× “7 U.S.C. § 193 (a) gives the Secretary the power to require a packer to attend and testify at a hearing “[w]henever the Secretary has reason to believe that any packer has violated or is violating any provision of this subchapter .”

United States v. Great Am. Veal, Inc., 998 F. Supp. 416 (D.N.J. 1998). · cites it 2× “By Decision and Order dated January 19, 1989 (the “January 19, 1989 Order”), and pursuant to 7 U.S.C. § 193 , the Judicial Officer of the USDA, acting as and for the Secretary of Agriculture’ (the “Secretary”) under authority delegated to him to perform regulatory functions, 2…”

Jackson v. Swift-Eckrich, Inc., 836 F. Supp. 1447 (W.D. Ark. 1993). “A reading of that case should indicate that the issue was whether the Secretary of Agriculture could apply the hearing and cease'and desist order provisions of § 203 of the Act, 7 U.S.C. § 193 , to poultry operations in spite of the fact that provision, by its explicit terms,…”

Kasten v. Saint-Gobain Performance Plastics Corp., 585 F.3d 310 (7th Cir. 2009). · cites it 2× “"); 7 U.S.C. § 193 (a) (Packers *314 and Stockyards Act) (whenever the Secretary of Agriculture believes a packer or swine contractor is committing violations, "he shall cause a complaint in writing to be served upon the packer or swine contractor, stating his charges in that…”

Swift & Co. v. United States of Am. & Orville L. Freeman, Sec'y of Agric., 308 F.2d 849 (7th Cir. 1962). “This is a petition to set aside or modify an order issued by the Judicial Officer of the Department of Agriculture, 1 in a proceeding under section 203 of the Packers and Stockyards Act, 7 U.S.C.A. § 193 . *851 ■ The Judicial Officer found and concluded that Swift „& Company…”

Arkansas Valley Indus., Inc. v. Freeman, 415 F.2d 713 (8th Cir. 1969). · cites it 3× “Section 203 of the Act, 7 U.S.C. § 193 , provides the procedure and authority for filing a complaint, notice of hearing and a hearing upon the complaint.”

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