--- kind: "range" citation: "7 U.S.C. §§ 1599–1601" title: "7" from: "1599" to: "1601" count: 3 release: "119-102" url: "https://uscodex.org/usc/7/1599..1601" --- # §1599. Cease and desist proceedings - (a) **Hearing—** Whenever the Secretary of Agriculture has reason to believe that any [person](/usc/7/1561.md?p=a-2) has violated or is violating any of the provisions of this chapter or the rules and regulations made and promulgated thereunder, he shall cause a complaint in writing to be served upon the [person](/usc/7/1561.md?p=a-2), stating his charges in that respect, and requiring the [person](/usc/7/1561.md?p=a-2) 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 [person](/usc/7/1561.md?p=a-2) 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](/usc/7/1561.md?p=a-2) or by counsel and through witnesses, under such rules and regulations as the Secretary of Agriculture may prescribe. At any time prior to the close of the hearing the Secretary of Agriculture may amend the complaint; but in case of any amendment adding new provisions the hearing shall, on the request of the [person](/usc/7/1561.md?p=a-2), be adjourned for a period not exceeding fifteen days. - (b) **Report of Secretary of Agriculture—** If, after such hearing, the Secretary of Agriculture finds that the [person](/usc/7/1561.md?p=a-2) has violated or is violating any provisions of the chapter or rules and regulations covered by the charges, he shall make a report in writing in which he shall [state](/usc/7/1359aa.md?p=5) his findings as to the facts, and shall issue and cause to be served on the [person](/usc/7/1561.md?p=a-2) an [order](/usc/7/2902.md?p=10) requiring such [person](/usc/7/1561.md?p=a-2) 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. - (c) **Amendment of report—** Until the record in such hearing has been filed in a court of appeals as provided in [section 1600 of this title](/usc/7/1600.md), the Secretary of Agriculture at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the [person](/usc/7/1561.md?p=a-2) to be heard, may amend or set aside the report or [order](/usc/7/2902.md?p=10), in whole or in part. - (d) **Service—** Complaints, [orders](/usc/7/2902.md?p=10), and other processes of the Secretary of Agriculture under this section may be served by anyone duly authorized by the Secretary of Agriculture, either (1) by delivering a copy thereof to the [person](/usc/7/1561.md?p=a-2) to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the [corporation](/usc/7/1502.md?p=b-5) to be served; or (2) by leaving a copy thereof at the principal office or place of business of such [person](/usc/7/1561.md?p=a-2), partnership, or [corporation](/usc/7/1502.md?p=b-5); or (3) by mailing a copy thereof by registered mail or by certified mail addressed to such [person](/usc/7/1561.md?p=a-2), partnership, or [corporation](/usc/7/1502.md?p=b-5) at his or its last known principal office or place of business. The verified return by the [person](/usc/7/1561.md?p=a-2) so serving said complaint, [order](/usc/7/2902.md?p=10), or other process setting forth the manner of said [order](/usc/7/2902.md?p=10) shall be proof of the same, and the return postoffice receipt for said complaint, [order](/usc/7/2902.md?p=10), or other process mailed by registered mail or by certified mail as aforesaid shall be proof of the service of the same. # §1600. Appeal to court of appeals An [order](/usc/7/2902.md?p=10) made under [section 1599 of this title](/usc/7/1599.md) shall be final and conclusive unless within thirty days after the service the [person](/usc/7/1561.md?p=a-2) appeals to the court of appeals for the circuit in which such [person](/usc/7/1561.md?p=a-2) resides or has his principal place of business by filing with the clerk of such court a written petition praying that the Secretary’s [order](/usc/7/2902.md?p=10) be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such [person](/usc/7/1561.md?p=a-2) will pay the costs of the proceedings if the court so directs. The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court the record in such proceedings, as provided in [section 2112 of title 28](/usc/28/2112.md). If before such record is filed, the Secretary amends or sets aside his report or [order](/usc/7/2902.md?p=10), in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. At any time after such petition is filed the court, on application of the Secretary, may issue a temporary injunction restraining, to the extent it deems proper, the [person](/usc/7/1561.md?p=a-2) and his officers, directors, agents, and employees from violating any of the provisions of the [order](/usc/7/2902.md?p=10) pending the final determination of the appeal. The evidence so taken or admitted and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The court may affirm, modify, or set aside the [order](/usc/7/2902.md?p=10) of the Secretary. If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall [order](/usc/7/2902.md?p=10) the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his [order](/usc/7/2902.md?p=10), with the return of such additional evidence. If the court of appeals affirms or modifies the [order](/usc/7/2902.md?p=10) of the Secretary, its decree shall operate as an injunction to restrain the [person](/usc/7/1561.md?p=a-2) and his officers, directors, agents, and employees from violating the provisions of such [order](/usc/7/2902.md?p=10) or such [order](/usc/7/2902.md?p=10) as modified. # §1601. Enforcement of order If any [person](/usc/7/1561.md?p=a-2) against whom an [order](/usc/7/2902.md?p=10) is issued under [section 1599 of this title](/usc/7/1599.md) fails to obey the [order](/usc/7/2902.md?p=10), the Secretary of Agriculture, or the [United States](/usc/7/1561.md?p=a-1), by its Attorney General, may apply to the court of appeals of the [United States](/usc/7/1561.md?p=a-1), within the circuit where the [person](/usc/7/1561.md?p=a-2) against whom the [order](/usc/7/2902.md?p=10) was issued resides or has his principal place of business, for the enforcement of the [order](/usc/7/2902.md?p=10), and shall file the record in such proceedings, as provided in [section 2112 of title 28](/usc/28/2112.md). Upon such filing of the application the court shall cause notice thereof to be served upon the [person](/usc/7/1561.md?p=a-2) against whom the [order](/usc/7/2902.md?p=10) was issued. The evidence to be considered, the procedure to be followed, and the jurisdiction of the court shall be the same as provided in [section 1600 of this title](/usc/7/1600.md) for applications to set aside or modify [orders](/usc/7/2902.md?p=10).