
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1636b]

 
                          TITLE 7--AGRICULTURE
 
     CHAPTER 38--DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
 
              SUBCHAPTER II--LIVESTOCK MANDATORY REPORTING
 
                         Part E--Administration
 
Sec. 1636b. Enforcement


(a) Civil penalty

                           (1) In general

        Any packer or other person that violates this subchapter may be 
    assessed a civil penalty by the Secretary of not more than $10,000 
    for each violation.

                      (2) Continuing violation

        Each day during which a violation continues shall be considered 
    to be a separate violation.

                             (3) Factors

        In determining the amount of a civil penalty to be assessed 
    under paragraph (1), the Secretary shall consider the gravity of the 
    offense, the size of the business involved, and the effect of the 
    penalty on the ability of the person that has committed the 
    violation to continue in business.

                       (4) Multiple violations

        In determining whether to assess a civil penalty under paragraph 
    (1), the Secretary shall consider whether a packer or other person 
    subject to this subchapter has engaged in a pattern of errors, 
    delays, or omissions in violation of this subchapter.

(b) Cease and desist

    In addition to, or in lieu of, a civil penalty under subsection (a) 
of this section, the Secretary may issue an order to cease and desist 
from continuing any violation.

(c) Notice and hearing

    No penalty shall be assessed, or cease and desist order issued, by 
the Secretary under this section unless the person against which the 
penalty is assessed or to which the order is issued is given notice and 
opportunity for a hearing before the Secretary with respect to the 
violation.

(d) Finality and judicial review

                           (1) In general

        The order of the Secretary assessing a civil penalty or issuing 
    a cease and desist order under this section shall be final and 
    conclusive unless the affected person files an appeal of the order 
    of the Secretary in United States district court not later than 30 
    days after the date of the issuance of the order.

                       (2) 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.

(e) Enforcement

                           (1) In general

        If, after the lapse of the period allowed for appeal or after 
    the affirmance of a penalty assessed under this section, the person 
    against which the civil penalty is assessed fails to pay the 
    penalty, the Secretary may refer the matter to the Attorney General 
    who may recover the penalty by an action in United States district 
    court.

                            (2) Finality

        In the action, the final order of the Secretary shall not be 
    subject to review.

(f) Injunction or restraining order

                           (1) In general

        If the Secretary has reason to believe that any person subject 
    to this subchapter has failed or refused to provide the Secretary 
    information required to be reported pursuant to this subchapter, and 
    that it would be in the public interest to enjoin the person from 
    further failure to comply with the reporting requirements, the 
    Secretary may notify the Attorney General of the failure.

                        (2) Attorney General

        The Attorney General may apply to the appropriate district court 
    of the United States for a temporary or permanent injunction or 
    restraining order.

                              (3) Court

        When needed to carry out this subchapter, the court shall, on a 
    proper showing, issue a temporary injunction or restraining order 
    without bond.

(g) Failure to obey orders

                           (1) In general

        If a person subject to this subchapter fails to obey a cease and 
    desist or civil penalty order issued under this subsection after the 
    order has become final and unappealable, or after the appropriate 
    United States district court has entered a final judgment in favor 
    of the Secretary, the United States may apply to the appropriate 
    district court for enforcement of the order.

                           (2) Enforcement

        If the court determines that the order was lawfully made and 
    duly served and that the person violated the order, the court shall 
    enforce the order.

                          (3) Civil penalty

        If the court finds that the person violated the cease and desist 
    provisions of the order, the person shall be subject to a civil 
    penalty of not more than $10,000 for each offense.

(Aug. 14, 1946, ch. 966, title II, Sec. 253, as added Pub. L. 106-78, 
title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1202.)

                         Termination of Section

        For termination of section by section 942 of Pub. L. 106-78, see 
    Livestock Mandatory Reporting note set out under section 1635 of 
    this title.
