Title 7 — AgricultureRelease 119-73

§2305 Enforcement provisions

Title 7 › Chapter CHAPTER 56— - UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF AGRICULTURAL PRODUCTS › § 2305

Last updated Apr 6, 2026|Official source

Summary

People who are harmed by a handler who breaks the rules in section 2303 can go to federal court to ask for orders to stop the conduct and to get damages. The court can allow the winning side to recover reasonable lawyer’s fees. Before it issues a temporary order, the court may make the person asking for the order put up money as a guarantee to cover costs or harm if the order was wrong. The Secretary of Agriculture can ask the Attorney General to sue for the same kind of relief, and the Attorney General can file the case. Anyone whose business or property is hurt by a violation or a scheme to violate section 2303 can sue in federal court no matter how much money is at issue and can recover their losses. Those lawsuits must start within two years after the harm happened. Federal courts may hear these cases right away without waiting for any administrative steps. This federal law does not change state laws or stop state courts from hearing related cases.

Full Legal Text

Title 7, §2305

Agriculture — Source: USLM XML via OLRC

(a)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)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)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)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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 2305

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73