§ 6411. — 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: 7USC6411]
TITLE 7--AGRICULTURE
CHAPTER 93--PROCESSOR-FUNDED MILK PROMOTION PROGRAM
Sec. 6411. 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 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 providing a suitable written
notice or warning to the person who committed such violation or by
administrative action under subsection (c) of this section.
(c) Civil penalties and orders
(1) Civil penalties
Any person who 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 less than $500
nor more than $5,000 for each such violation; or
(B) in the case of a willful failure or refusal to pay,
collect, or remit any assessment or fee duly required of the
person under this chapter or a regulation issued under this
chapter, a civil penalty by the Secretary of not less than
$10,000 nor more than $100,000 for each such violation.
Each violation shall be a separate offense.
(2) Cease-and-desist orders
In addition to, or in lieu of, a civil penalty, the Secretary
may issue an order requiring the 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 unless the person against whom the penalty is assessed
or the order 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 shall be final and conclusive unless the
affected person files an appeal from 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 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
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 carries on 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 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
Any 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 $5,000 for each offense. Each day during which the 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 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 the 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. 1999L, Nov. 28, 1990, 104 Stat. 3922;
Pub. L. 102-237, title VIII, Sec. 809, Dec. 13, 1991, 105 Stat. 1883.)
Amendments
1991--Subsec. (b). Pub. L. 102-237 substituted ``this section'' for
``this subsection'' after ``brought under''.
Section Referred to in Other Sections
This section is referred to in sections 6402, 6412 of this title.
