--- kind: "section" citation: "7 U.S.C. § 228b–2" title: "7" title_heading: "Agriculture" number: "228b–2" heading: "Violations by live poultry dealers" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/228b-2" units: - "Chapter 9 — Packers and Stockyards" - "Subchapter V — General Provisions" --- # §228b–2. Violations by live poultry dealers - (a) **Written complaint by Secretary; hearing; intervention; amended complaint—** Whenever the [Secretary](/usc/7/182.md?p=2) has reason to believe that any [live poultry dealer](/usc/7/182.md?p=10) has violated or is violating any provision of [section 197 of this title](/usc/7/197.md) or [section 228b–1 of this title](/usc/7/228b–1.md), he shall cause a complaint in writing to be served upon the [live poultry dealer](/usc/7/182.md?p=10), stating his charges in that respect, and requiring the [live poultry dealer](/usc/7/182.md?p=10) to attend and testify at a hearing at a time and place designated therein, at least 30 days after the service of such complaint; and at such time and place there shall be afforded the [live poultry dealer](/usc/7/182.md?p=10) 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 [live poultry dealer](/usc/7/182.md?p=10), be adjourned for a period not exceeding 15 days. - (b) **Report on findings of fact by Secretary; cease and desist order; assessment of civil penalty; action by Attorney General upon live poultry dealer’s failure to pay penalty—** If, after such hearing, the [Secretary](/usc/7/182.md?p=2) finds that the [live poultry dealer](/usc/7/182.md?p=10) has violated, or is violating, any provisions of [section 197 of this title](/usc/7/197.md) or [section 228b–1 of this title](/usc/7/228b–1.md) 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 [live poultry dealer](/usc/7/182.md?p=10) an order requiring such [live poultry dealer](/usc/7/182.md?p=10) 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 $20,000 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: Provided, however, That in no event can the penalty assessed by the [Secretary](/usc/7/182.md?p=2) take priority over or impede the ability of the [live poultry dealer](/usc/7/182.md?p=10) to pay any unpaid cash seller or [poultry grower](/usc/7/182.md?p=8). 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 or setting aside 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 228b–3 of this title](/usc/7/228b–3.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 [live poultry dealer](/usc/7/182.md?p=10) to be heard, may amend or set aside the report or order, in whole or in part. - (d) **Service of complaints, orders, and other processes—** 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 IV, § 411, as added Pub. L. 100–173, § 9(2), Nov. 23, 1987, 101 Stat. 920.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 411 of act Aug. 15, 1921, was renumbered section 417 and is classified to section 229c of this title. ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as an Effective Date of 1987 Amendment note under section 182 of this title.