---
kind: "section"
citation: "7 U.S.C. § 228a"
title: "7"
title_heading: "Agriculture"
number: "228a"
heading: "Authority of Secretary to request temporary injunction or restraining order"
release: "119-102"
url: "https://uscodex.org/usc/7/228a"
units:
  - "Chapter 9 — Packers and Stockyards"
  - "Subchapter V — General Provisions"
---

# §228a. Authority of Secretary to request temporary injunction or restraining order


Whenever the [Secretary](/usc/7/182.md?p=2) has reason to believe that any [person](/usc/7/182.md?p=1) subject to this chapter (a) with respect to any transactions subject to this chapter, has failed to pay or is unable to pay for [livestock](/usc/7/182.md?p=4), meats, [meat food products](/usc/7/182.md?p=3), or [livestock products](/usc/7/182.md?p=5) in unmanufactured form, or live [poultry](/usc/7/182.md?p=6), or has failed to pay any [poultry grower](/usc/7/182.md?p=8) what is due on account of [poultry](/usc/7/182.md?p=6) obtained under a [poultry growing arrangement](/usc/7/182.md?p=9), or has failed to remit to the [person](/usc/7/182.md?p=1) entitled thereto the net proceeds from the sale of any such [commodity](/usc/7/1a.md?p=9) sold on a [commission](/usc/7/1a.md?p=8) basis; or (b) has operated while insolvent, or otherwise in violation of this chapter in a manner which may reasonably be expected to cause irreparable damage to another [person](/usc/7/182.md?p=1); or (c) does not have the required bond; and that it would be in the public interest to enjoin such [person](/usc/7/182.md?p=1) from operating subject to this chapter or enjoin him from operating subject to this chapter except under such conditions as would protect vendors or consignors of such [commodities](/usc/7/1a.md?p=9) or other affected [persons](/usc/7/182.md?p=1), until a complaint under this chapter is issued and dismissed by the [Secretary](/usc/7/182.md?p=2) or until an [order](/usc/7/2902.md?p=10) to cease and desist made thereon by the [Secretary](/usc/7/182.md?p=2) has become final and effective within the meaning of this chapter or is set aside on appellate review of the [Secretary](/usc/7/182.md?p=2)’s [order](/usc/7/2902.md?p=10), the [Secretary](/usc/7/182.md?p=2) may notify the Attorney General, who may apply to the [United States](/usc/7/6402.md?p=8) district court for the district in which such [person](/usc/7/182.md?p=1) has his principal place of business or in which he resides for a temporary injunction or restraining [order](/usc/7/2902.md?p=10). When needed to effectuate the purposes of this section, the court shall, upon a proper showing, issue a temporary injunction or restraining [order](/usc/7/2902.md?p=10), without bond. Attorneys employed by the [Secretary](/usc/7/182.md?p=2) of Agriculture may, with the approval of the Attorney General, appear in the [United States](/usc/7/6402.md?p=8) district court representing the [Secretary](/usc/7/182.md?p=2) in any action seeking such a temporary restraining [order](/usc/7/2902.md?p=10) or injunction.


## Source credit

(Aug. 15, 1921, ch. 64, title IV, § 408, as added Pub. L. 94–410, § 5, Sept. 13, 1976, 90 Stat. 1250; amended Pub. L. 100–173, § 8, Nov. 23, 1987, 101 Stat. 919.)

## Notes

### Editorial Notes

### Codification

A prior section 228a, act Sept. 21, 1944, ch. 412, title I, § 101(c), 58 Stat. 734, which related to inspections of livestock, hides, animal products, etc., was transferred to section 396 of this title.

### Prior Provisions

A prior section 408 of act Aug. 15, 1921, was renumbered section 417 and is classified to section 229c of this title.

### Amendments

1987—Pub. L. 100–173 inserted “or live poultry, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement,” after “unmanufactured form,”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1987 Amendment

Amendment by Pub. L. 100–173 effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out as a note under section 182 of this title.