§ 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.
