§ 4314. — Enforcement of provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4314]
TITLE 7--AGRICULTURE
CHAPTER 74--FLORAL RESEARCH AND CONSUMER INFORMATION
Sec. 4314. Enforcement of provisions
(a) 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 order or regulation made or issued pursuant
to this chapter. 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 the program would be adequately served by administrative
action pursuant to subsection (b) of this section or suitable written
notice or warning to any person committing such violations.
(b)(1) Any person who violates any provisions of any order or
regulation issued by the Secretary pursuant to this chapter, or who
fails or refuses to pay, collect, or remit any assessment or fee duly
required 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 violation or violations. No
penalty may 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. 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 paragraph (1) of this
subsection 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 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 pursuant to the procedures
specified in paragraphs (1) and (2) of this subsection, 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
who shall recover 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. 97-98, title XVII, Sec. 1715, Dec. 22, 1981, 95 Stat. 1356.)
Section Referred to in Other Sections
This section is referred to in section 4313 of this title.
