7 USC 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
Terms Used In 7 USC 7807
- 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 the Hass avocado promotion, research, and information order issued under this chapter. See 7 USC 7802
- person: means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity. See 7 USC 7802
- Secretary: means the Secretary of Agriculture. See 7 USC 7802
- United States: means the United States collectively. See 7 USC 7802
A civil action brought under subsection (a) 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) 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).
(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) 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) 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).
(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) 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.