Page:United States Statutes at Large Volume 90 Part 1.djvu/1300

 90 STAT. 1250 Notice and hearing.

Temporary injunction or retraining order. 7 USC 229. 7 USC 228a.

Violations.

Livestock delivery. 7 USC 228b.

PUBLIC LAW 9 4 - 4 1 0 — S E P T. 13, 1976 amended by adding at the end thereof a new sentence as follows: "If Ihe Secretary finds any packer is insolvent, he may after notice and hearing issue an order under the provisions of section 203 requiring such packer to cease and desist from purchasing livestock while insolvent, or while insolvent purchasing livestock except under such conditions as the Secretary may prescribe to effectuate the purposes of the Act.". SEC. 5. The Packers and Stockyards Act, 1921, as amended, is further amended by redesignating section 408 as section 411 and l3y adding a new section 408 to read as follows: " SEC. 408. Whenever the Secretary has reason to believe that any person subject to this Act (a) with respect to any transactions subject to this Act, has failed to pay or is unable to p a y for livestock, meats, meat food products, or livestock products in unmanufactured form, or has failed to remit to the person entitled thereto the net proceeds from the sale of any such commodity sold on a commission basis; or (b) has operated while insolvent, or otherwise in violation of this Act in a manner which may reasonably be expected to cause irreparable damage to another person; or (c) does not have the required b o n d; and that it would be in the public interest to enjoin such person from operating subject to this Act or enjoin him from operating subject to this Act except under such conditions as would protect vendors or consignors of such commodities or other affected persons, until a complaint under this Act is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective within the meaning of this Act or is set aside on appellate review of the Secretary's order, the Secretary may notify the Attorney General, who may apply to the United States district court for the district in which such person has his principal place of business or in which lie resides for a temporary injunction or restraining order. W h e n needed to effectuate the purposes of this section, the court shall, upon a proper showing, issue a temporary injunction or restraining order, without bond. Attorneys employed by the Secretary of Agriculture may, with the approval of the Attorney General, appear in the United States district court representing the Secretary in any action seeking such a temporary restraining order or injunction.". SEC. 6. Section 308(a) of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 2 0 9 (a)) is amended to read as follows: " (a) If any person subject to this Act violates any of the provisions of this Act, or of any order of the Secretary under this Act, relating to the purchase, sale, or handling of livestock, he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation.". SEC. 7. The Packers and Stockyards Act, 1921, as amended, is further amended by adding aft«r section 408 (7 U.S.C. 229) a new section 409 to read as follows: " SEC. 409. (a) E a c h packer, market agency, or dealer purchasing livestock shall, before the close of the next business day following the purchase of livestock and transfer of possession thereof, deliver to the seller or his duly authorized representative the full amount of the purchase p r i c e: Provided, That each packer, market agency, or dealer purchasing livestock for slaughter shall, before the close of the next business day following purchase of livestock and transfer of

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