§ 3805. — Civil penalties.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC3805]
TITLE 7--AGRICULTURE
CHAPTER 69--SWINE HEALTH PROTECTION
Sec. 3805. Civil penalties
(a) Assessment by Secretary
Any person who the Secretary determines, after notice and
opportunity for a hearing on the record in accordance with sections 554
and 556 of title 5, is violating or has violated any provision of this
chapter or any regulation of the Secretary issued hereunder, other than
a violation for which a criminal penalty has been imposed under this
chapter, may be assessed a civil penalty by the Secretary of not more
than $10,000 for each such violation. Each offense shall be a separate
violation. The amount of such civil penalty shall be assessed by the
Secretary by written order, taking into account the gravity of the
violation, degree of culpability, and history of prior offenses; and may
be reviewed only as provided in subsection (b) of this section.
(b) Judicial review
The determination and order of the Secretary with respect thereto
imposing a civil penalty under this section shall be final and
conclusive unless the person against whom such an order is issued files
application for judicial review within sixty days after entry of such
order in the appropriate United States court of appeals in accordance
with the provisions of sections 2341, 2343 through 2350 of title 28, and
such court shall have jurisdiction to enjoin, set aside, suspend (in
whole or in part), or to determine the validity of the Secretary's
order. Judicial review of any such order shall be upon the record upon
which the determination and order are based.
(c) Collection action by Attorney General
If any person fails to pay a civil penalty under a final order of
the Secretary, the Secretary shall refer the matter to the Attorney
General, who shall institute a civil action to recover the amount
assessed in any appropriate district court of the United States. In such
collection action, the validity and appropriateness of the Secretary's
order imposing the civil penalty shall not be subject to review.
(d) Payment into United States Treasury
All penalties collected under authority of this section shall be
paid into the Treasury of the United States.
(e) Compromise, modification, or remittance
The Secretary may, in his discretion, compromise, modify, or remit,
with or without conditions, any civil penalty assessed under this
chapter.
(Pub. L. 96-468, Sec. 6, Oct. 17, 1980, 94 Stat. 2231.)
