§ 4610. — 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: 7USC4610]
TITLE 7--AGRICULTURE
CHAPTER 77--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Sec. 4610. Enforcement
(a) District courts; jurisdiction; Attorney General
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 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. 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 order 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; notice and hearing; review; courts of appeals;
cease and desist orders; failure to obey; Attorney General
(1) Any person who violates any provision of any order 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 nor 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 paragraph (1) 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
paragraphs (1) and (2) 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. 98-590, Sec. 11, Oct. 30, 1984, 98 Stat. 3122; Pub. L. 105-185,
Sec. 605(j), June 23, 1998, 112 Stat. 600.)
Amendments
1998--Subsecs. (a), (b)(1). Pub. L. 105-185 substituted ``order''
for ``plan'' wherever appearing.
Section Referred to in Other Sections
This section is referred to in sections 4609, 4610a of this title.
