§ 2621. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2621]
TITLE 7--AGRICULTURE
CHAPTER 58--POTATO RESEARCH AND PROMOTION
Sec. 2621. Enforcement
(a) Jurisdiction of United States district courts; administrative action
The several district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain any
person from violating any plan or regulation made or issued under this
chapter. The facts relating to any civil action authorized to be brought
under this subsection shall be referred to the Attorney General for
appropriate action: Provided, That nothing in this chapter shall be
construed as requiring the Secretary to refer to the Attorney General
violations of this chapter whenever the Secretary believes that the
administration and enforcement of any such plan or regulation would be
adequately served by administrative action under subsection (b) of this
section or suitable written notice or warning to any person committing
such violations.
(b) Civil penalties; cease and desist orders; appeal; failure to comply
with order or assessment; further proceedings and penalties
(1) Any person who violates any provision of any plan or regulation
issued by the Secretary under this chapter, or who fails or refuses to
pay, collect, or remit any assessment or fee duly required of such
person thereunder, may be assessed a civil penalty by the Secretary of
not less than $500 or more than $5,000 for each such violation. Each
violation shall be a separate offense. In addition to or in lieu of such
civil penalty the Secretary may issue an order requiring such person to
cease and desist from continuing such violations. No penalty shall be
assessed or cease and desist order issued unless such person is given
notice and opportunity for a hearing before the Secretary with respect
to such violation, and the order of the Secretary assessing a penalty or
imposing a cease and desist order shall be final and conclusive unless
the affected person files an appeal from the Secretary's order with the
appropriate United States court of appeals.
(2) Any person against whom a violation is found and a civil penalty
assessed or cease and desist order issued under subsection (b)(1) of
this section may obtain review in the court of appeals of the United
States for the circuit in which such person resides or carries on
business or in the United States Court of Appeals for the District of
Columbia Circuit by filing a notice of appeal in such court within
thirty days from the date of such order and by simultaneously sending a
copy of such notice by certified mail to the Secretary. The Secretary
shall promptly file in such court a certified copy of the record upon
which such violation was found. The findings of the Secretary shall be
set aside only if found to be unsupported by substantial evidence.
(3) Any person who fails to obey a cease and desist order after it
has become final and unappealable, or after the appropriate court of
appeals has entered a final judgment in favor of the Secretary, shall be
subject to a civil penalty assessed by the Secretary, after opportunity
for a hearing and for judicial review under the procedures specified in
subsections (b)(1) and (2) of this section, of not more than $500 for
each offense, and each day during which such failure continues shall be
deemed a separate offense.
(4) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court of appeals has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney General
for recovery of the amount assessed in any appropriate district court of
the United States. In such action, the validity and appropriateness of
the final order imposing the civil penalty shall not be subject to
review.
(Pub. L. 91-670, title III, Sec. 312, Jan. 11, 1971, 84 Stat. 2045; Pub.
L. 97-244, Sec. 3, Aug. 26, 1982, 96 Stat. 310.)
Amendments
1982--Subsec. (a). Pub. L. 97-244 substituted ``from violating any
plan or regulation made or issued under this chapter'' for ``from
violating, any plan or regulation made or issued pursuant to this
chapter'', and inserted provision that the facts relating to any civil
action authorized to be brought under this subsection must be referred
to the Attorney General for appropriate action, provided that nothing in
this chapter shall be construed as requiring the Secretary to refer to
the Attorney General violations of this chapter whenever the Secretary
believes that the administration and enforcement of any such plan or
regulation would be adequately served by administrative action under
subsec. (b) of this section or suitable written notice or warning to any
person committing such violations.
Subsec. (b). Pub. L. 97-244 added subsec. (b). Former subsec. (b),
which provided that any handler who violated any provision of any plan
issued by the Secretary under this chapter, or who failed or refused to
remit any assessment or fee duly required of him thereunder, would be
subject to criminal prosecution and would be fined not less than $100
nor more than $1,000 for each such offense, was struck out.
Section Referred to in Other Sections
This section is referred to in section 2620 of this title.
