Title 7 — AgricultureRelease 119-73

§4314 Enforcement of provisions

Title 7 › Chapter CHAPTER 74— - FLORAL RESEARCH AND CONSUMER INFORMATION › § 4314

Last updated Apr 6, 2026|Official source

Summary

Federal district courts can enforce and stop people from breaking any orders or rules made under this law. If someone sues in court over a violation, the case is sent to the Attorney General for action. The Secretary does not have to send every violation to the Attorney General if the Secretary thinks an administrative action, written notice, or warning will handle it. The Secretary can fine a person $500 to $5,000 for each violation, and treat each violation as a separate offense. The Secretary can also order someone to stop the violation. Before fining or ordering a stop, the person must get notice and a chance for a hearing. The Secretary’s order is final unless the person appeals to the U.S. court of appeals within 30 days and sends a certified copy to the Secretary; the Secretary must file the case record, and the court can overturn findings only if they lack substantial evidence. If someone disobeys a final stop order, they can be fined up to $500 for each day the violation continues after the chance for a hearing. If a person will not pay a final fine, the Secretary sends the case to the Attorney General, who can sue in district court to recover the money; the final order’s validity cannot be reexamined in that suit.

Full Legal Text

Title 7, §4314

Agriculture — Source: USLM XML via OLRC

(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 order or regulation made or issued pursuant to this chapter. Any civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action: Provided, 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 program would be adequately served by administrative action pursuant to subsection (b) of this section or suitable written notice or warning to any person committing such violations.

(b)(1)Any person who violates any provisions of any order or regulation issued by the Secretary pursuant to this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required thereunder, may be assessed a civil penalty by the Secretary of not less than $500 or more than $5,000 for each such 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 such person to cease and desist from continuing such violation or violations. No penalty may be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing before the Secretary with respect to such violation. The order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the affected person 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) of this subsection 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 from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such 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 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 pursuant to the procedures specified in paragraphs (1) and (2) of this subsection, of not more than $500 for each offense, and each day during which such 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 who shall recover 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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4314

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73