§ 7448. — 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: 7USC7448]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER III--CANOLA AND RAPESEED
Sec. 7448. 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, an order or regulation made or issued under this
subchapter.
(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 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
committing the violation or by administrative action under subsection
(c) of this section.
(c) Civil penalties and orders
(1) Civil penalties
(A) In general
Any person who willfully violates any provision of an order
or regulation issued by the Secretary under this subchapter, or
who fails or refuses to pay, collect, or remit an assessment or
fee required of the person under an order or regulation, may be
assessed--
(i) a civil penalty by the Secretary of not more than
$1,000 for each violation; and
(ii) in the case of a willful failure to pay, collect,
or remit an assessment as required by an order or
regulation, an additional penalty equal to the amount of the
assessment.
(B) Separate offense
Each violation under subparagraph (A) 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 a 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 cease-and-desist order is issued
is given notice and opportunity for a hearing before the Secretary
with respect to the 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 order
in 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
subchapter, 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 cease-and-desist order by--
(A) filing, within the 30-day period beginning on the date
the penalty is assessed or cease-and-desist 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 the appropriate court
referred to in paragraph (1), a certified copy of the record on
which the Secretary determined that the person committed the
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.
(e) Failure to obey cease-and-desist orders
Any person who fails to obey a cease-and-desist order issued under
this section after the cease-and-desist 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 the cease-and-desist order.
(f) Failure to pay penalties
If a person fails to pay an assessment of a civil penalty under this
section after the assessment 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 of the United States for any district in which the person
resides or carries on business. In an action for recovery, 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 subchapter shall be in addition to,
and not exclusive of, other remedies that may be available.
(Pub. L. 104-127, title V, Sec. 539, Apr. 4, 1996, 110 Stat. 1061.)
Section Referred to in Other Sections
This section is referred to in sections 7447, 7449 of this title.
