7 USC 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
Terms Used In 7 USC 7419
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- order: means an order issued by the Secretary under section 7413 of this title that provides for a program of generic promotion, research, and information regarding agricultural commodities designed to&mdash. See 7 USC 7412
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. See 7 USC 7412
- Secretary: means the Secretary of Agriculture. See 7 USC 7412
- United States: means collectively the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States. See 7 USC 7412
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).
(d) Review by court of appeals
(1) In general
A person against whom an order is issued under subsection (c) 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.