--- kind: "section" citation: "7 U.S.C. § 193" title: "7" title_heading: "Agriculture" number: "193" heading: "Procedure before Secretary for violations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/193" units: - "Chapter 9 — Packers and Stockyards" - "Subchapter II — Packers Generally" - "Part A — General Provisions" --- # §193. Procedure before Secretary for violations - (a) **Complaint; hearing; intervention—** Whenever the [Secretary](/usc/7/182.md?p=2) has reason to believe that any [packer](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12) has violated or is violating any provision of this subchapter, he shall cause a complaint in writing to be served upon the [packer](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12), stating his charges in that respect, and requiring the [packer](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12) 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](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12) 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/7/182.md?p=1) or by counsel and through witnesses, under such regulations as the [Secretary](/usc/7/182.md?p=2) may prescribe. Any [person](/usc/7/182.md?p=1) for good cause shown may on application be allowed by the [Secretary](/usc/7/182.md?p=2) to intervene in such proceeding, and appear in [person](/usc/7/182.md?p=1) or by counsel. At any time prior to the close of the hearing the [Secretary](/usc/7/182.md?p=2) may amend the complaint; but in case of any amendment adding new charges the hearing shall, on the request of the [packer](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12), be adjourned for a period not exceeding fifteen days. - (b) **Report and order; penalty—** If, after such hearing, the [Secretary](/usc/7/182.md?p=2) finds that the [packer](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12) 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](/usc/7/198.md?p=5) his findings as to the facts, and shall issue and cause to be served on the [packer](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12) an order requiring such [packer](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12) 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](/usc/7/182.md?p=2) 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](/usc/7/182.md?p=2) shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the [person](/usc/7/182.md?p=1)’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](/usc/7/182.md?p=1) against whom the civil penalty is assessed fails to pay such penalty, the [Secretary](/usc/7/182.md?p=2) 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. - (c) **Amendment of report or order—** 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](/usc/7/194.md), the [Secretary](/usc/7/182.md?p=2) at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the [packer](/usc/7/198.md?p=2) or [swine contractor](/usc/7/182.md?p=12) 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](/usc/7/182.md?p=2) under this section may be served in the same manner as provided in [section 45 of title 15](/usc/15/45.md). ## Source credit (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.) ## Notes ### Editorial Notes ### Amendments 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 Subsidiaries ### Change of Name Act June 25, 1948, as amended by act May 24, 1949, substituted “court of appeals” for “circuit court of appeals”. ### Executive Documents ### Transfer 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.