§2908 — Title 7 Agriculture | U.S. Code

Summary

The Secretary can, if they decide a formal process is appropriate and after giving a chance for a formal hearing that makes an official record, order someone to stop breaking an order and can fine them up to $5,000 for doing so. Federal district courts can enforce those orders and stop people from violating rules made under this law. Any civil case brought under this rule must be sent to the U.S. Attorney General for action.

Title 7, §2908

Agriculture — Source: USLM XML via OLRC

(a)If the Secretary believes that the administration and enforcement of this chapter or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may—

(1)issue an order to restrain or prevent a person from violating an order; and

(2)assess a civil penalty of not more than $5,000 for violation of such order.

(b)The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation made or issued under this chapter.

(c)A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1985—Pub. L. 99–198 amended section generally, substituting provisions relating to

Enforcement

for provisions relating to referendum and cattle producer approval of orders, reimbursement of expenses by Secretary, procedural requirements, and bonding requirements. 1978—Pub. L. 95–334 substituted “a majority” for “not less than two-thirds”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.

§2908 Enforcement