Title 7 — AgricultureRelease 119-73

§3805 Civil penalties

Title 7 › Chapter CHAPTER 69— - SWINE HEALTH PROTECTION › § 3805

Last updated Apr 6, 2026|Official source

Summary

The Secretary can fine any person up to $10,000 for each civil violation of this chapter or its rules, after giving notice and a hearing under sections 554 and 556 of title 5. Each offense counts separately. The Secretary must put the penalty in a written order and consider how serious the violation was, how much blame the person has, and any prior offenses. The order is final unless the person asks the proper U.S. court of appeals to review it within 60 days. That court can block, set aside, suspend, or decide if the order is valid, and it reviews the same record the Secretary used. If a person does not pay a final penalty, the Secretary refers the case to the Attorney General, who sues in federal district court to collect the money; in that collection suit the court may not re‑examine the Secretary’s decision. All collected penalties go to the U.S. Treasury. The Secretary may also reduce, change, or cancel a penalty, with or without conditions.

Full Legal Text

Title 7, §3805

Agriculture — Source: USLM XML via OLRC

(a)Any person who the Secretary determines, after notice and opportunity for a hearing on the record in accordance with section 554 and 556 of title 5, is violating or has violated any provision of this chapter or any regulation of the Secretary issued hereunder, other than a violation for which a criminal penalty has been imposed under this chapter, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. Each offense shall be a separate violation. The amount of such civil penalty shall be assessed by the Secretary by written order, taking into account the gravity of the violation, degree of culpability, and history of prior offenses; and may be reviewed only as provided in subsection (b) of this section.

(b)The determination and order of the Secretary with respect thereto imposing a civil penalty under this section shall be final and conclusive unless the person against whom such an order is issued files application for judicial review within sixty days after entry of such order in the appropriate United States court of appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, and such court shall have jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary’s order. Judicial review of any such order shall be upon the record upon which the determination and order are based.

(c)If any person fails to pay a civil penalty under a final order of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall institute a civil action to recover the amount assessed in any appropriate district court of the United States. In such collection action, the validity and appropriateness of the Secretary’s order imposing the civil penalty shall not be subject to review.

(d)All penalties collected under authority of this section shall be paid into the Treasury of the United States.

(e)The Secretary may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this chapter.

Reference

Citations & Metadata

Citation

7 U.S.C. § 3805

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73