§ 7419. — 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: 7USC7419]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND
INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
Sec. 7419. Enforcement
(a) Jurisdiction
The district courts of the United States shall have jurisdiction
specifically to enforce, and to prevent and restrain a person from
violating, an order or regulation issued under this subchapter.
(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 shall not be required to refer to the Attorney General a
violation of this subchapter if the Secretary believes that the
administration and enforcement of this subchapter would be adequately
served by providing a suitable written notice or warning to the person
who committed the violation or by an administrative action under this
section.
(c) Civil penalties and orders
(1) Civil penalties
A person who willfully violates an order or regulation issued by
the Secretary under this subchapter may be assessed by the Secretary
a civil penalty of not less than $1,000 and not more than $10,000
for each violation.
(2) Separate offense
Each violation and each day during which there is a failure to
comply with an order or regulation issued by the Secretary shall be
considered to be a separate offense.
(3) Cease-and-desist orders
In addition to, or in lieu of, a civil penalty, the Secretary
may issue an order requiring a person to cease and desist from
violating the order or regulation.
(4) Notice and hearing
No order assessing a penalty or cease-and-desist order may be
issued by the Secretary under this subsection unless the Secretary
provides notice and an opportunity for a hearing on the record with
respect to the violation.
(5) Finality
An order assessing a penalty or a cease-and-desist order issued
under this subsection by the Secretary shall be final and conclusive
unless the person against whom the order is issued files an appeal
from the order with the United States court of appeals, as provided
in subsection (d) of this section.
(d) Review by court of appeals
(1) In general
A person against whom an order is issued under subsection (c) of
this section may obtain review of the order by--
(A) filing, not later than 30 days after the person receives
notice of the order, a notice of appeal in--
(i) the United States court of appeals for the circuit
in which the person resides or carries on business; or
(ii) the United States Court of Appeals for the District
of Columbia Circuit; and
(B) simultaneously sending a copy of the notice of appeal by
certified mail to the Secretary.
(2) Record
The Secretary shall file with the court a certified copy of the
record on which the Secretary has determined that the person has
committed a violation.
(3) Standard of review
A finding of the Secretary under this section shall be set aside
only if the finding is found to be unsupported by substantial
evidence on the record.
(e) Failure to obey cease-and-desist orders
A person who fails to obey a valid cease-and-desist order issued by
the Secretary under this section, after an opportunity for a hearing,
shall be subject to a civil penalty assessed by the Secretary of not
less than $1,000 and not more than $10,000 for each offense. Each day
during which the failure continues shall be considered to be a separate
violation of the cease-and-desist order.
(f) Failure to pay penalties
If a person fails to pay a civil penalty imposed under this section
by the Secretary, the Secretary shall refer the matter to the Attorney
General for recovery of the amount assessed in the district court of the
United States for any district in which the person resides or carries on
business. In the action, the validity and appropriateness of the order
imposing the civil penalty shall not be subject to review.
(g) Additional remedies
The remedies provided in this section shall be in addition to, and
not exclusive of, other remedies that may be available.
(Pub. L. 104-127, title V, Sec. 520, Apr. 4, 1996, 110 Stat. 1045.)
References in Text
This subchapter, referred to in subsec. (c)(1), was in the original
``this Act'' and was translated as reading ``this subtitle'', meaning
subtitle B (Secs. 511-526) of title V of Pub. L. 104-127, Apr. 4, 1996,
110 Stat. 1032, to reflect the probable intent of Congress.
Section Referred to in Other Sections
This section is referred to in section 7418 of this title.
