§ 7807. — 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: 7USC7807]
TITLE 7--AGRICULTURE
CHAPTER 105--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION
Sec. 7807. Enforcement
(a) Jurisdiction
A district court of the United States shall have jurisdiction to
enforce, and to prevent and restrain any person from violating, this
chapter or an order or regulation issued by the Secretary under this
chapter.
(b) Referral to Attorney General
A civil action brought under subsection (a) of 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 an order or regulation issued under this chapter, if
the Secretary believes that the administration and enforcement of this
chapter would be adequately served by administrative action under
subsection (c) of this section or suitable written notice or warning to
the person who committed or is committing the violation.
(c) Civil penalties and orders
(1) Civil penalties
(A) In general
A person who violates a provision of this chapter, or an
order or regulation issued by the Secretary under this chapter,
or who fails or refuses to pay, collect, or remit any assessment
or fee required of the person under an order or regulation
issued under this chapter, may be assessed by the Secretary--
(i) a civil penalty of not less than $1,000 nor more
than $10,000 for each violation; and
(ii) in the case of a willful failure to remit an
assessment as required by an order or regulation, an
additional penalty equal to the amount of the assessment.
(B) Separate offenses
Each violation 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 of this chapter, or an order
or regulation issued under this chapter.
(3) Notice and hearing
No penalty shall be assessed, or cease and desist order issued,
by the Secretary under this subsection unless the Secretary gives
the person against whom the penalty is assessed or the order is
issued notice and opportunity for a hearing before the Secretary
with respect to the violation. Any such hearing shall be conducted
in accordance with section 7808(b)(2) of this title and shall be
held within the United States judicial district in which the
residence or principal place of business of the person is located.
(4) Finality
The penalty assessed or cease and desist order issued under this
subsection shall be final and conclusive unless the person against
whom the penalty is assessed or the order is issued files an appeal
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
(A) In general
Any person against whom a violation is found and a civil
penalty is assessed or a cease and desist order is issued under
subsection (c) of this section may obtain review of the penalty
or order by, within the 30-day period beginning on the date the
penalty is assessed or the order is issued--
(i) filing a notice of appeal in the district court of
the United States for the district in which the person
resides or conducts business, or in the United States
District Court for the District of Columbia; and
(ii) sending a copy of the notice by certified mail to
the Secretary.
(B) Copy of record
The Secretary shall promptly file in the court a certified
copy of the record on which the Secretary found that the person
had committed a violation.
(2) Standard of review
A finding of the Secretary shall be set aside under this
subsection only if the finding is found to be unsupported by
substantial evidence.
(e) Failure to obey an order
(1) In general
A person who fails to obey a cease and desist order issued under
subsection (c) of this section after the order has become final and
unappealable, or after the appropriate United States district court
had entered a final judgment in favor of the Secretary of not more
than $10,000 for each offense, after opportunity for a hearing and
for judicial review under the procedures specified in subsections
(c) and (d) of this section.
(2) Separate violations
Each day during which the person fails to obey an order
described in paragraph (1) shall be considered as a separate
violation of the order.
(f) Failure to pay a penalty
(1) In general
If a person fails to pay a civil penalty assessed under
subsection (c) or (e) of this section after the penalty has become
final and unappealable, 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 any United States district court
in which the person resides or conducts business.
(2) Scope of review
In an action by the Attorney General under paragraph (1), the
validity and appropriateness of a 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. 106-387, Sec. 1(a) [title XII, Sec. 1208], Oct. 28, 2000, 114
Stat. 1549, 1549A-93.)
Section Referred to in Other Sections
This section is referred to in sections 7806, 7808 of this title.
