7 U.S.C. § 228a

Authority of Secretary to request temporary injunction or restraining order

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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.

Notes of Decisions

Cited in 3 cases, 1984–2015 · leading case: Davis v. United States (In Re Farmers & Ranchers Livestock Auction, Inc.), 46 B.R. 781 (Bankr. E.D. Ark. 1984).

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Davis v. United States (In Re Farmers & Ranchers Livestock Auction, Inc.), 46 B.R. 781 (Bankr. E.D. Ark. 1984). · cites it 2× “7 U.S.C. § 228a. 27 *795 Accordingly, the record evidence demonstrates that the investigations of the debtors and the proposed proceedings involved here primarily concern regulations for the public welfare through the Packers and Stockyards Administration’s careful monitoring of…”

United States v. Ocala Live Stock Mkt., Inc., 861 F. Supp. 2d 1328 (M.D. Fla. 2012). · cites it 3× “Preliminary Injunctive Relief Under the Packers and Stockyards Act Under 7 U.S.C. § 228a of the Act, the Secretary of Agriculture has the authority to request the Attorney General to apply to a United States district court for a temporary injunction or restraining order when the…”

United States v. High Plains Livestock, LLC, 148 F. Supp. 3d 1185 (D.N.M. 2015). “) Prior to the Order of Reference, the United States moved for a preliminary injunction under Section 408 of the Packers and Stockyards Act of 1921 (“PSA”), 7 U.S.C. § 228a (2012), that would require the Defendants to cease buying or selling livestock.”

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