
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: 7USC4910]

 
                          TITLE 7--AGRICULTURE
 
              CHAPTER 80--WATERMELON RESEARCH AND PROMOTION
 
Sec. 4910. Enforcement

    (a) The several district courts of the United States are vested with 
jurisdiction specifically to enforce, and to prevent and restrain any 
person from violating, any plan or regulation made or issued under this 
chapter. The facts relating to any civil action that may be brought 
under this subsection shall be referred to the Attorney General for 
appropriate action, except that nothing in this chapter shall be 
construed as requiring the Secretary to refer to the Attorney General 
violations of this chapter whenever the Secretary believes that the 
administration and enforcement of the plan or regulation would be 
adequately served by administrative action under subsection (b) of this 
section or suitable written notice or warning to any person committing 
the violations.
    (b)(1) Any person who violates any provision of any plan 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 thereunder, may be assessed a civil penalty by the Secretary of 
not less than $500 nor more than $5,000 for each violation. Each 
violation shall be a separate offense. In addition to or in lieu of such 
civil penalty, the Secretary may issue an order requiring the person to 
cease and desist from continuing the violation. No penalty shall be 
assessed nor cease and desist order issued unless the person is given 
notice and opportunity for a hearing before the Secretary with respect 
to the violation. The order of the Secretary assessing a penalty or 
imposing a cease and desist order shall be final and conclusive unless 
the person affected by the order files an appeal from the Secretary's 
order with the appropriate United States court of appeals.
    (2) Any person against whom a violation is found and a civil penalty 
assessed or cease and desist order issued under paragraph (1) may obtain 
review in the court of appeals of the United States for the circuit in 
which such person resides or carries on business or in the United States 
Court of Appeals for the District of Columbia Circuit by filing a notice 
of appeal in such court within thirty days after the date of the order 
and by simultaneously sending a copy of the notice by certified mail to 
the Secretary. The Secretary shall promptly file in such court a 
certified copy of the record on which the violation was found. The 
findings of the Secretary shall be set aside only if found to be 
unsupported by substantial evidence.
    (3) Any person who fails to obey a cease and desist order after it 
has become final and unappealable, or after the appropriate court of 
appeals has entered a final judgment in favor of the Secretary, shall be 
subject to a civil penalty assessed by the Secretary, after opportunity 
for a hearing and for judicial review under the procedures specified in 
paragraphs (1) and (2), of not more than $500 for each offense. Each day 
during which the failure continues shall be deemed a separate offense.
    (4) If any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order, or after the 
appropriate court of appeals 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 appropriate district court of 
the United States. In such action, the validity and appropriateness of 
the final order imposing the civil penalty shall not be subject to 
review.

(Pub. L. 99-198, title XVI, Sec. 1651, Dec. 23, 1985, 99 Stat. 1627.)

                  Section Referred to in Other Sections

    This section is referred to in section 4909 of this title.
