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Title 7 — AgricultureRelease 119-73

§7419 Enforcement

Title 7 › Chapter CHAPTER 101— - AGRICULTURAL PROMOTION › Subchapter SUBCHAPTER II— - ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES › § 7419

Last updated Apr 6, 2026|Official source

Summary

Federal district courts can be used to enforce the rules made under this part and to stop people from breaking them. If someone breaks a rule, the case is usually sent to the Attorney General for action. The Secretary may instead give a written warning or handle the matter administratively if that seems enough. If a person willfully breaks a rule, the Secretary can fine them between $1,000 and $10,000 for each violation. Each violation and each day the person keeps breaking the rule counts separately. The Secretary can also order the person to stop the violation instead of, or in addition to, a fine. The Secretary must give notice and a chance for a hearing before issuing a fine or a stop order. Those orders are final unless the person appeals within 30 days by filing in the U.S. court of appeals for their circuit or the D.C. Circuit and sending a copy by certified mail to the Secretary. The Secretary must file the record with the court, and the court will only overturn the Secretary’s finding if it is not supported by substantial evidence. If someone disobeys a valid stop order after a hearing, they can be fined $1,000 to $10,000 for each offense, with each day treated as a separate violation. If a fine is not paid, the Secretary will send the case to the Attorney General to collect the money in federal district court where the person lives or does business; that court will not re‑decide whether the original order was proper. These enforcement options are in addition to any other legal remedies that may be available.

Full Legal Text

Title 7, §7419

Agriculture — Source: USLM XML via OLRC

(a)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)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)(1)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)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)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)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)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).
(d)(1)A person against whom an order is issued under subsection (c) 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)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)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)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)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)The remedies provided in this section shall be in addition to, and not exclusive of, other remedies that may be available.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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 (§§ 511–526) of title V of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 1032, to reflect the probable intent of Congress.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7419

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73