§ 4910. — 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: 7USC4910]
TITLE 7--AGRICULTURE
CHAPTER 80--WATERMELON RESEARCH AND PROMOTION
Sec. 4910. Enforcement
(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 plan or regulation made or issued under this
chapter. The facts relating to any civil action that may be brought
under this subsection shall be referred to the Attorney General for
appropriate action, except 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 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
the violations.
(b)(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 required of the
person thereunder, may be assessed a civil penalty by the Secretary of
not less than $500 nor more than $5,000 for each 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 the person to
cease and desist from continuing the violation. No penalty shall be
assessed nor cease and desist order issued unless the person is given
notice and opportunity for a hearing before the Secretary with respect
to the violation. The order of the Secretary assessing a penalty or
imposing a cease and desist order shall be final and conclusive unless
the person affected by the order 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 after the date of the order
and by simultaneously sending a copy of the notice by certified mail to
the Secretary. The Secretary shall promptly file in such court a
certified copy of the record on which the 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. Each day
during which the 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. 99-198, title XVI, Sec. 1651, Dec. 23, 1985, 99 Stat. 1627.)
Section Referred to in Other Sections
This section is referred to in section 4909 of this title.
