Page:United States Statutes at Large Volume 52.djvu/1097

 PUBLIC LAWS-CH. 675-JUNE 25, 1938 person resides or has his principal place of business, for a judicial review of such order. The summons and petition may be served at any place in the United States. The Secretary, promptly upon serv- ice of the summons and petition, shall certify and file in the court the transcript of the proceedings and the record on which the Secre- tary based his order. addv e to addece (2) If the petitioner applies to the court for leave to adduce addi- tional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem 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 recommendation, if any, for the modification or set- ting aside of his original order, with the return of such additional evidence. Court jurisdition'to (3) The court shall have jurisdiction to affirm the order, or to set order. it aside in whole or in part, temporarily or permanently. If the order of the Secretary refuses to issue, amend, or repeal a regulation and such order is not in accordance with law the court shall by its judgment order the Secretary to take action, with respect to such regulation, in accordance with law. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be con- clusive. Finality of judg- (4) The judgment of the court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to 347 U.. . § 346 review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended. Survival of action. (5) Any action instituted under this subsection shall survive not- withstanding any change in the person occupying the office of Secre- tary or any vacancy in such office. ad ies deemed (6) The remedies provided for in this subsection shall be in addi- tion to and not in substitution for any other remedies provided by law. transcript opfrecord (g) A certified copy of the transcript of the record and proceed- and proceedings. ings under subsection (e) shall be furnished by the Secretary to any interested party at his request, and payment of the costs thereof, and Admissibility. shall be admissible in any criminal, libel for condemnation, exclusion of imports, or other proceeding arising under or in respect to this Act, irrespective of whether proceedings with respect to the order have previously been instituted or become final under subsection (f). EXAMINATIONS AND INVESTIGATIONS Emin tions and SEC. 702. (a) The Secretary is authorized to conduct examinations and investigations for the purposes of this Act through officers and employees of the Department or through any health, food, or drug officer or employee of any State, Territory, or political subdivision thereof, duly commissioned by the Secretary as an officer of the Department. In the case of food packed in a Territory the Secretary shall attempt to make inspection of such food at the first point of entry within the United States when, in his opinion and with due regard to the enforcement of all the provisions of this Act, the facili- ties at his disposal will permit of such inspection. For the purposes 1056 [52 STAT.

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