§ 292. — Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC292]
TITLE 7--AGRICULTURE
CHAPTER 12--ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS
Sec. 292. Monopolizing or restraining trade and unduly enhancing
prices prohibited; remedy and procedure
If the Secretary of Agriculture shall have reason to believe that
any such association monopolizes or restrains trade in interstate or
foreign commerce to such an extent that the price of any agricultural
product is unduly enhanced by reason thereof, he shall serve upon such
association a complaint stating his charge in that respect, to which
complaint shall be attached, or contained therein, a notice of hearing,
specifying a day and place not less than thirty days after the service
thereof, requiring the association to show cause why an order should not
be made directing it to cease and desist from monopolization or
restraint of trade. An association so complained of may at the time and
place so fixed show cause why such order should not be entered. The
evidence given on such a hearing shall be taken under such rules and
regulations as the Secretary of Agriculture may prescribe, reduced to
writing, and made a part of the record therein. If upon such hearing the
Secretary of Agriculture shall be of the opinion that such association
monopolizes or restrains trade in interstate or foreign commerce to such
an extent that the price of any agricultural product is unduly enhanced
thereby, he shall issue and cause to be served upon the association an
order reciting the facts found by him, directing such association to
cease and desist from monopolization or restraint of trade. On the
request of such association or if such association fails or neglects for
thirty days to obey such order, the Secretary of Agriculture shall file
in the district court in the judicial district in which such association
has its principal place of business a certified copy of the order and of
all the records in the proceeding, together with a petition asking that
the order be enforced, and shall give notice to the Attorney General and
to said association of such filing. Such district court shall thereupon
have jurisdiction to enter a decree affirming, modifying, or setting
aside said order, or enter such other decree as the court may deem
equitable, and may make rules as to pleadings and proceedings to be had
in considering such order. The place of trial may, for cause or by
consent of parties, be changed as in other causes.
The facts found by the Secretary of Agriculture and recited or set
forth in said order shall be prima facie evidence of such facts, but
either party may adduce additional evidence. The Department of Justice
shall have charge of the enforcement of such order. After the order is
so filed in such district court and while pending for review therein the
court may issue a temporary writ of injunction forbidding such
association from violating such order or any part thereof. The court
may, upon conclusion of its hearing, enforce its decree by a permanent
injunction or other appropriate remedy. Service of such complaint and of
all notices may be made upon such association by service upon any
officer or agent thereof engaged in carrying on its business, or on any
attorney authorized to appear in such proceedings for such association,
and such service shall be binding upon such association, the officers,
and members thereof.
(Feb. 18, 1922, ch. 57, Sec. 2, 42 Stat. 388.)
Restriction on Use of Funds Respecting Study, Investigation, or
Prosecution of any Agricultural Cooperative or Study or Investigation of
any Agricultural Marketing Orders
For provisions restricting the use of funds authorized to be
appropriated to carry out section 41 et seq. of Title 15, Commerce and
Trade, for fiscal year 1980, 1981, or 1982, for the purpose of
conducting any study, investigation, or prosecution of any provisions of
this chapter, see section 20 of Pub. L. 96-252, set out as a note under
section 57c of Title 15.
Section Referred to in Other Sections
This section is referred to in sections 1a, 457, 608c of this title;
title 15 section 57b-5.
