§ 2159. — Authority to apply for injunctions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2159]
TITLE 7--AGRICULTURE
CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
Sec. 2159. Authority to apply for injunctions
(a) Request
Whenever the Secretary has reason to believe that any dealer,
carrier, exhibitor, or intermediate handler is dealing in stolen
animals, or is placing the health of any animal in serious danger in
violation of this chapter or the regulations or standards promulgated
thereunder, the Secretary shall notify the Attorney General, who may
apply to the United States district court in which such dealer, carrier,
exhibitor, or intermediate handler resides or conducts business for a
temporary restraining order or injunction to prevent any such person
from operating in violation of this chapter or the regulations and
standards prescribed under this chapter.
(b) Issuance
The court shall, upon a proper showing, issue a temporary
restraining order or injunction under subsection (a) of this section
without bond. Such injunction or order shall remain in effect until a
complaint pursuant to section 2149 of this title 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 or is set aside on
appellate review. Attorneys of the Department of Agriculture may, with
the approval of the Attorney General, appear in the United States
district court representing the Secretary in any action brought under
this section.
(Pub. L. 89-544, Sec. 29, as added Pub. L. 101-624, title XXV,
Sec. 2503(2), Nov. 28, 1990, 104 Stat. 4067.)
