
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: 7USC7419]

 
                          TITLE 7--AGRICULTURE
 
                   CHAPTER 101--AGRICULTURAL PROMOTION
 
     SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND 
        INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
 
Sec. 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

    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) of this section.

(d) Review by court of appeals

                           (1) In general

        A person against whom an order is issued under subsection (c) of 
    this section 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.

(Pub. L. 104-127, title V, Sec. 520, Apr. 4, 1996, 110 Stat. 1045.)

                       References in Text

    This subchapter, referred to in subsec. (c)(1), was in the original 
``this Act'' and was translated as reading ``this subtitle'', meaning 
subtitle B (Secs. 511-526) of title V of Pub. L. 104-127, Apr. 4, 1996, 
110 Stat. 1032, to reflect the probable intent of Congress.

                  Section Referred to in Other Sections

    This section is referred to in section 7418 of this title.
