§ 7468. —  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: 7USC7468]

 
                          TITLE 7--AGRICULTURE
 
                   CHAPTER 101--AGRICULTURAL PROMOTION
 
                        SUBCHAPTER IV--KIWIFRUIT
 
Sec. 7468. Enforcement


(a) Jurisdiction

    A district court of the United States shall have 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 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 is not required to refer to the Attorney General a violation 
of this subchapter, or any order or regulation issued under this 
subchapter, if the Secretary believes that the administration and 
enforcement of this subchapter would be adequately served by 
administrative action under subsection (c) of this section or suitable 
written notice or warning to the person committing the violation.

(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 subchapter, or who 
    fails or refuses to pay, collect, or remit any assessment or fee 
    duly required of the person under the 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 the civil penalty, the Secretary 
    may issue an order requiring the person to cease and desist from 
    continuing the violation.

                       (3) Notice and hearing

        No order assessing a civil penalty or cease-and-desist order may 
    be issued by the Secretary under this subsection unless the 
    Secretary gives the person against whom the order is issued notice 
    and opportunity for a hearing on the record 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 shall be final and conclusive unless the 
    person against whom the order is issued 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 United States 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 cease-and-desist 
    order in the district court of the United States for the district in 
    which the person resides or carries on business, or the United 
    States District Court for the District of Columbia, by--
            (A) filing a notice of appeal in the court not later than 30 
        days after the date on which the penalty is assessed or cease-
        and-desist order issued; and
            (B) simultaneously sending a copy of the notice by certified 
        mail to the Secretary.

                             (2) Record

        The Secretary shall promptly file in the court a certified copy 
    of the record on which the Secretary found that the person committed 
    the 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 cease-and-desist orders

    Any person who fails to obey a cease-and-desist order issued by the 
Secretary 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 $500 for each 
offense. Each day during which the failure continues shall be considered 
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 after the 
assessment has become a final and unappealable order issued by the 
Secretary, 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.

(Pub. L. 104-127, title V, Sec. 559, Apr. 4, 1996, 110 Stat. 1071.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7467, 7469 of this title.






























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