---
kind: "section"
citation: "7 U.S.C. § 1600"
title: "7"
title_heading: "Agriculture"
number: "1600"
heading: "Appeal to court of appeals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/1600"
units:
  - "Chapter 37 — Seeds"
  - "Subchapter IV — General Provisions"
---

# §1600. Appeal to court of appeals


An order 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](/usc/7/499a.md?p=b-2)’s order 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](/usc/7/499a.md?p=b-2), and the [Secretary](/usc/7/499a.md?p=b-2) 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](/usc/7/499a.md?p=b-2) amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the [Secretary](/usc/7/499a.md?p=b-2).

At any time after such petition is filed the court, on application of the [Secretary](/usc/7/499a.md?p=b-2), 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 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 of the [Secretary](/usc/7/499a.md?p=b-2).

If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order 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](/usc/7/499a.md?p=b-2) 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, with the return of such additional evidence.

If the court of appeals affirms or modifies the order of the [Secretary](/usc/7/499a.md?p=b-2), 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 or such order as modified.


## Source credit

(Aug. 9, 1939, ch. 615, title IV, § 410, 53 Stat. 1287; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 24(b), Aug. 28, 1958, 72 Stat. 949; Pub. L. 98–620, title IV, § 402(7)(A), Nov. 8, 1984, 98 Stat. 3357.)

## Notes

### Editorial Notes

### Amendments

1984—Pub. L. 98–620 in fourth par., struck out provisions requiring proceedings in such cases in the court of appeals to be made a preferred cause and expedited in every way.

1958—Pub. L. 85–791 substituted, in first sentence of second par., “thereupon file in the court the record in such proceedings as provided in section 2112 of title 28” for “forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such proceedings, including the complaint, the evidence, and the report and order”, substituted, in second sentence of second par., “record” for “transcript”, substituted in third par., “petition” for “transcript”, and struck out, in fourth par., “, duly certified” after “admitted”.

### Statutory Notes and Related Subsidiaries

### Change of Name

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

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

### Effective Date

See section 1610 of this title.