§ 6307. — 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: 7USC6307]
TITLE 7--AGRICULTURE
CHAPTER 92--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6307. Enforcement
(a) Jurisdiction
The 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 under this
chapter.
(b) Referral to Attorney General
A civil action authorized to be commenced under this section shall
be referred to the Attorney General for appropriate action, except that
the Secretary shall not be 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 the person
who committed such violation or by administrative action under section
6306 of this title.
(c) Civil penalties and orders
(1) Civil penalties
Any person who willfully 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 the person under the order or regulations, may be
assessed--
(A) a civil penalty by the Secretary of not more than $1,000
for each such violation; and
(B) in the case of a willful failure to pay, collect, or
remit an assessment as required by the order or regulation, an
additional penalty equal to the amount of such assessment.
Each violation shall be a separate offense.
(2) Cease-and-desist orders
In addition to, or in lieu of, a civil penalty under paragraph
(1), the Secretary may issue an order requiring a person to cease
and desist from continuing any 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 person against whom
the penalty is assessed or the order is issued is given notice and
opportunity for a hearing before the Secretary with respect to such
violation.
(4) Finality
The order of the Secretary assessing a penalty or imposing a
cease-and-desist order under this subsection shall be final and
conclusive unless the affected person files an appeal of the
Secretary's order 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 who has been determined to be in violation of this
chapter, or against whom a civil penalty has been assessed or a
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
the penalty is assessed or order issued, a notice of appeal in--
(i) the district court of the United States for the
district in which the person resides or conducts business;
or
(ii) 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 file promptly in the appropriate court
referred to in paragraph (1), a certified copy of the record on
which the Secretary has determined that the person had committed a
violation.
(3) Standard of review
A finding of the Secretary under this section shall be set aside
only if such finding is found to be unsupported by substantial
evidence.
(e) Failure to obey orders
Any person who fails to obey a cease-and-desist order issued under
this section after such 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 $5,000 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 any person fails to pay an assessment of a civil penalty under
this section after it has become a final and unappealable order, 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 the
district court in which the person resides or conducts business. In such
action, the validity and appropriateness of the final order imposing the
civil penalty shall not be subject to review.
(g) Additional remedies
The remedies provided in this chapter shall be in addition to, and
not exclusive of, other remedies that may be available.
(Pub. L. 101-624, title XIX, Sec. 1972, Nov. 28, 1990, 104 Stat. 3901.)
Section Referred to in Other Sections
This section is referred to in sections 6306, 6308 of this title.
