
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2305]

 
                          TITLE 7--AGRICULTURE
 
 CHAPTER 56--UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF AGRICULTURAL 
                                PRODUCTS
 
Sec. 2305. Enforcement provisions


(a) Civil actions by persons aggrieved; preventive relief; attorneys' 
        fees; security

    Whenever any handler has engaged or there are reasonable grounds to 
believe that any handler is about to engage in any act or practice 
prohibited by section 2303 of this title, a civil action for preventive 
relief, including an application for a permanent or temporary 
injunction, restraining order, or other order, may be instituted by the 
person aggrieved. In any action commenced pursuant hereto, the court, in 
its discretion, may allow the prevailing party a reasonable attorney's 
fee as part of the costs. The court may provide that no restraining 
order or preliminary injunction shall issue except upon the giving of 
security by the applicant, in such sum as the court deems proper, for 
the payment of such costs and damages as may be incurred or suffered by 
any party who is found to have been wrongfully enjoined or restrained.

(b) Civil actions by Attorney General; Federal jurisdiction; complaint; 
        preventive relief

    Whenever the Secretary of Agriculture has reasonable cause to 
believe that any handler, or group of handlers, has engaged in any act 
or practice prohibited by section 2303 of this title, he may request the 
Attorney General to bring civil action in his behalf in the appropriate 
district court of the United States by filing with it a complaint (1) 
setting forth facts pertaining to such act or practice, and (2) 
requesting such preventive relief, including an application for a 
permanent or temporary injunction, restraining order, or other order 
against the handler, or handlers, responsible for such acts or 
practices. Upon receipt of such request, the Attorney General is 
authorized to file such complaint.

(c) Suits by persons injured; Federal jurisdiction; amount of recovery; 
        attorneys' fees; limitation of actions

    Any person injured in his business or property by reason of any 
violation of, or combination or conspiracy to violate, any provision of 
section 2303 of this title may sue therefor in the appropriate district 
court of the United States without respect to the amount in controversy, 
and shall recover damages sustained. In any action commenced pursuant to 
this subsection, the court may allow the prevailing party a reasonable 
attorney's fee as a part of the costs. Any action to enforce any cause 
of action under this subsection shall be forever barred unless commenced 
within two years after the cause of action accrued.

(d) Federal jurisdiction; exhaustion of other remedies; State laws and 
        jurisdiction unaffected

    The district courts of the United States shall have jurisdiction of 
proceedings instituted pursuant to this section and shall exercise the 
same without regard to whether the aggrieved party shall have exhausted 
any administrative or other remedies that may be provided by law.
    The provisions of this chapter shall not be construed to change or 
modify existing State law nor to deprive the proper State courts of 
jurisdiction.

(Pub. L. 90-288, Sec. 6, Apr. 16, 1968, 82 Stat. 95.)
