§ 6107. — 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: 7USC6107]
TITLE 7--AGRICULTURE
CHAPTER 90--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6107. Enforcement
(a) Jurisdiction
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 by the
Secretary under this chapter.
(b) Referral to Attorney General
A civil action authorized to be brought under this section 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, or any order or regulation issued under this chapter,
if the Secretary believes that the administration and enforcement of
this chapter would be adequately served by administrative action under
subsection (c) of this section or suitable written notice or warning to
the person who committed or is committing the violation.
(c) Civil penalties and orders
(1) Civil penalties
A person who willfully violates a 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 the person under such order or regulation, 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.
(2) Cease-and-desist orders
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.
(3) Notice and hearing
No penalty shall be assessed or cease and desist order issued by
the Secretary under this subsection unless the Secretary gives the
person against whom the penalty is assessed or the order is issued
notice and opportunity for a hearing before the Secretary with
respect to such violation.
(4) Finality
The penalty assessed or cease and desist order issued under this
subsection shall be final and conclusive unless the person against
whom the penalty is assessed or the order is issued files an appeal
with the appropriate district court of the United States in
accordance with subsection (d) of this section.
(d) Review by district court
(1) Commencement of action
Any person against whom a violation is found and a civil penalty
assessed or cease and desist order issued under subsection (c) of
this section may obtain review of the penalty or order by--
(A) filing, within the 30-day period beginning on the date
such penalty is assessed or order issued, a notice of appeal in
the district court of the United States for the district in
which such person resides or does business, or in the United
States District Court for the District of Columbia; and
(B) simultaneously sending a copy of the notice by certified
mail to the Secretary.
(2) Record
The Secretary shall promptly file in such court a certified copy
of the record on which the Secretary found that the person had
committed a violation.
(3) Standard of review
A finding of the Secretary shall be set aside only if the
finding is found to be unsupported by substantial evidence.
(e) Failure to obey orders
A person who fails to obey a cease and desist order after the order
has become final and unappealable, or after the appropriate United
States district court 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 subsections (c) and (d) of this section, of
not more than $500 for each offense. Each day during which such failure
continues shall be considered as a separate violation of such order.
(f) Failure to pay penalties
If a person fails to pay an assessment of a civil penalty after it
has become final and unappealable, or after the appropriate United
States district court 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 district court in which the
person resides or conducts business. In such action, the validity and
appropriateness of such civil penalty shall not be subject to review.
(Pub. L. 101-624, title XIX, Sec. 1928, Nov. 28, 1990, 104 Stat. 3863;
Pub. L. 102-237, title VIII, Sec. 803(2), Dec. 13, 1991, 105 Stat.
1882.)
Amendments
1991--Subsec. (d)(1)(A). Pub. L. 102-237 substituted ``United States
District Court'' for ``United States district court''.
Section Referred to in Other Sections
This section is referred to in sections 6106, 6108 of this title.
