PRIA, Government Policy, Made Personal

§1359hh Regulations; Violations; Publication of Secretary’s Determinations; Jurisdiction of the Courts; United States Attorneys

Title 7 › CHAPTER 35 — AGRICULTURAL ADJUSTMENT ACT OF 1938 › SUBCHAPTER II — LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part B — Marketing Quotas › subpart vii — flexible marketing allotments for sugar › § 1359hh

Last updated Sep 22, 2026|Official source

Summary

The Secretary or the Commodity Credit Corporation must write the rules needed to run this part. Anyone who knowingly breaks those rules can be fined up to $5,000 for each violation. When the Secretary sets up, changes, or suspends allotments, the decision must be quickly published in the Federal Register with the reasons. Federal district courts can enforce the rules and stop violations. If asked, U.S. attorneys must bring cases and collect fines, though the Secretary can instead give a written warning. These penalties are in addition to any other legal remedies.

Title 7, §1359hh

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(a)Regulations

The Secretary or the Commodity Credit Corporation, as appropriate, shall issue such regulations as may be necessary to carry out the authority vested in the Secretary in administering this subpart.

(b)Violation

Any person knowingly violating any regulation of the Secretary issued under subsection (a) shall be subject to a civil penalty of not more than $5,000 for each violation.

(c)Publication in Federal Register

Each determination issued by the Secretary to establish, adjust, or suspend allotments under this subpart shall be promptly published in the Federal Register and shall be accompanied by a statement of the reasons for the determination.

(d)Jurisdiction of courts; United States attorneys

(1)Jurisdiction of courts

The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, this subpart or any regulation issued thereunder.

(2)United States attorneys

Whenever the Secretary shall so request, it shall be the duty of the several United States attorneys, in their respective districts, to institute proceedings to enforce the remedies and to collect the penalties provided for in this subpart. The Secretary may elect not to refer to a United States attorney any violation of this subpart or regulation when the Secretary determines that the administration and enforcement of this subpart would be adequately served by written notice or warning to any person committing the violation.

(e)Nonexclusivity of remedies

The remedies and penalties provided for in this subpart shall be in addition to, and not exclusive of, any remedies or penalties existing at law or in equity.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1359hh, act Feb. 16, 1938, ch. 30, title III, § 359h, as added Pub. L. 101–624, title IX, § 902, Nov. 28, 1990, 104 Stat. 3486; amended Pub. L. 102–237, title I, § 111(j), Dec. 13, 1991, 105 Stat. 1836, related to

Regulations

, violations, publication of Secretary’s determinations, jurisdiction of courts, and United States attorneys, prior to the general amendment of this subpart by Pub. L. 107–171.