§ 4815. — 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: 7USC4815]
TITLE 7--AGRICULTURE
CHAPTER 79--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 4815. Enforcement
(a) Jurisdiction of district court; referral of civil actions to
Attorney General
(1) A district court of the United States shall have jurisdiction
specifically to enforce, and to prevent and restrain a person from
violating an order, rule, or regulation issued under this chapter.
(2) A civil action authorized to be brought under this subsection
shall be referred to the Attorney General for appropriate action, except
that the Secretary is not required to refer to the Attorney General a
violation of this chapter if the Secretary believes that the
administration and enforcement of this chapter would be adequately
served by providing a suitable written notice or warning to a person who
committed such violation or by administrative action under subsection
(b) of this section.
(b) Penalties for willful violations; issuance of cease-and-desist
orders; judicial review of orders; penalty for failure to obey
cease-and-desist order
(1)(A) A person who willfully violates an order, rule, or regulation
issued by the Secretary under this chapter may be assessed--
(i) a civil penalty by the Secretary of not more than $1,000 for
each such violation; and
(ii) in the case of a willful failure to pay, collect, or remit
an assessment as required by an order, an additional penalty equal
to the amount of such assessment.
(B) Each such violation shall be a separate offense.
(C) In addition to or in lieu of such civil penalty, the Secretary
may issue an order requiring such person to cease and desist from
violating such order, rule, or regulation.
(D) No penalty may be assessed or cease-and-desist order issued
unless the Secretary gives such person notice and opportunity for a
hearing on the record with respect to such violation.
(E) An order issued under this paragraph by the Secretary shall be
final and conclusive unless such person files an appeal from such order
with the appropriate United States court of appeals not later than 30
days after such person receives notice of such order.
(2)(A) A person against whom an order is issued under paragraph (1)
may obtain review of such order in the court of appeals of the United
States for the circuit in which such person resides or does business, or
in the United States Court of Appeals for the District of Columbia
Circuit, by--
(i) filing a notice of appeal in such court not later than 30
days after the date of such order; and
(ii) simultaneously sending a copy of such notice by certified
mail to the Secretary.
(B) The Secretary shall file promptly in such court a certified copy
of the record on which such violation was found.
(C) A finding of the Secretary shall be set aside only if the
finding is found to be unsupported by substantial evidence.
(3)(A) A person who fails to obey a valid cease-and-desist order
issued under paragraph (1) by the Secretary, after an opportunity for a
hearing, shall be subject to a civil penalty assessed by the Secretary
of not more than $500 for each offense.
(B) Each day during which such failure continues shall be considered
a separate violation of such order.
(4)(A) If a person fails to pay a valid civil penalty imposed under
this subsection by the Secretary, the Secretary shall refer the matter
to the Attorney General for recovery of the amount assessed in an
appropriate district court of the United States.
(B) In such action, the validity and appropriateness of the order
imposing such civil penalty shall not be subject to review.
(c) Availability of additional remedies
The remedies provided in subsections (a) and (b) of this section
shall be in addition to, and not exclusive of, other remedies that may
be available.
(Pub. L. 99-198, title XVI, Sec. 1626, Dec. 23, 1985, 99 Stat. 1620.)
