§ 608a. — Enforcement of chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC608a]
TITLE 7--AGRICULTURE
CHAPTER 26--AGRICULTURAL ADJUSTMENT
SUBCHAPTER III--COMMODITY BENEFITS
Sec. 608a. Enforcement of chapter
(1) to (4) Omitted
(5) Forfeitures
Any person exceeding any quota or allotment fixed for him under this
chapter by the Secretary of Agriculture and any other person knowingly
participating or aiding in the exceeding of such quota or allotment
shall forfeit to the United States a sum equal to the value of such
excess at the current market price for such commodity at the time of
violation, which forfeiture shall be recoverable in a civil suit brought
in the name of the United States.
(6) Jurisdiction of district courts
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, regulation, or agreement, heretofore or
hereafter made or issued pursuant to this chapter, in any proceeding now
pending or hereafter brought in said courts.
(7) Duties of United States attorneys; investigation of violations by
Secretary; hearings
Upon the request of the Secretary of Agriculture, it shall be the
duty of the several United States attorneys, in their respective
districts, under the directions of the Attorney General, to institute
proceedings to enforce the remedies and to collect the forfeitures
provided for in, or pursuant to this chapter. Whenever the Secretary, or
such officer or employee of the Department of Agriculture as he may
designate for the purpose, has reason to believe that any handler has
violated, or is violating, the provisions of any order or amendment
thereto issued pursuant to this chapter, the Secretary shall have power
to institute an investigation and, after due notice to such handler, to
conduct a hearing in order to determine the facts for the purpose of
referring the matter to the Attorney General for appropriate action.
(8) Cumulative remedies
The remedies provided for in this section shall be in addition to,
and not exclusive of, any of the remedies or penalties provided for
elsewhere in this chapter or now or hereafter existing at law or in
equity.
(9) ``Person'' defined
The term ``person'' as used in this chapter includes an individual,
partnership, corporation, association, and any other business unit.
(May 12, 1933, ch. 25, title I, Sec. 8a, as added May 9, 1934, ch. 263,
Sec. 4, 48 Stat. 672; amended Aug. 24, 1935, ch. 641, Secs. 8-10, 49
Stat. 762; June 3, 1937, ch. 296, Secs. 1, 2(c), 50 Stat. 246, 247; June
25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Pub. L. 87-128, title I,
Sec. 141(2), Aug. 8, 1961, 75 Stat. 304.)
Codification
Provisions of subsecs. (1) to (4), relating to establishment,
regulation and determination of sugar quotas, agreements limiting or
regulating child labor, wages, and adjustment of disputes in the sugar
industry, and prescribing penalties for violations thereof, were omitted
since they ceased to apply on Sept. 1, 1937, in accordance with the
provisions of section 510 of the Sugar Act of 1937, act Sept. 1, 1937,
ch. 898, 50 Stat. 916. Section 510 of act Sept. 1, 1937, provided in
part that: ``The provisions of the Agricultural Adjustment Act, as
amended [this chapter], shall cease to apply to sugar upon the enactment
of this Act [Sept. 1, 1937]''. Provisions similar to former subsecs. (1)
to (4) were contained in the Sugar Act of 1948, section 1100 et seq. of
this title, which expired on Dec. 31, 1974.
Amendments
1961--Subsec. (5). Pub. L. 87-128 struck out ``willfully'' after
``Any person'' and substituted provision for forfeiture of a sum equal
to the value of the excess at the current market price for the commodity
at the time of violation for provision for forfeiture of a sum equal to
three times the current market value of the excess.
1937--Subsec. (6). Act June 3, 1937, Sec. 2(c), struck out ``the
provisions of this section, or of''.
1935--Subsec. (1). Act Aug. 24, 1935, Sec. 8, substituted ``persons
engaged in handling'' for ``handlers'' wherever appearing; struck out
``or in competition with,'' in par. (B); inserted ``directly'' before
``to burden'' in par. (B); and struck out ``in any way'' in par. (B).
Subsec. (6). Act Aug. 24, 1935, Sec. 9, inserted ``or'' after
``regulation,'' and struck out ``or license''.
Subsec. (7). Act Aug. 24, 1935, Sec. 10, inserted last sentence.
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted ``United States
attorneys'' for ``district attorneys'' in subsec. (7). See section 541
of Title 28, Judiciary and Judicial Procedure, and Historical and
Revision Notes thereunder.
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959,
on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat.
c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959,
73 Stat. 4, set out as notes preceding 491 of Title 48, Territories and
Insular Possessions.
Validity of Section Affirmed
Act June 3, 1937, affirmed and validated, and reenacted without
change the provisions of subsections (5), (6), (7), (8), and (9) of this
section, except for the amendment to subsection (6) by section 2 of the
act. See note set out under section 601 of this title.
Section Referred to in Other Sections
This section is referred to in sections 608c, 608e-1, 616, 672, 673,
855, 1392 of this title.
