Title 7, AgricultureRelease 119-110

§2305 Enforcement Provisions

Title 7 › CHAPTER 56 — UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF AGRICULTURAL PRODUCTS › § 2305

Last updated Sep 22, 2026|Official source

Summary

People who are harmed, or who believe a handler is about to break the rules in section 2303, can go to federal court to ask for preventive orders like temporary or permanent injunctions or restraining orders. The court can make the winner pay a reasonable attorney’s fee. The court can also require the person asking for an injunction to post a bond or other security to cover costs or damages if the injunction later proves wrongful. The Secretary of Agriculture can ask the U.S. Attorney General to file a similar federal lawsuit against handlers. Any person whose business or property was damaged by a violation can sue in federal court for damages, no matter the amount, but must start the case within two years of the injury. Federal courts can hear these cases even if other remedies weren’t tried first, and state laws and state court authority stay unchanged.

Full Legal Text

Title 7, §2305

Agriculture, Source: USLM XML via OLRC

(a)Civil actions by persons aggrieved; preventive relief; attorneys’ fees; security

Whenever any handler has engaged or there are reasonable grounds to believe that any handler is about to engage in any act or practice prohibited by section 2303 of this title, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved. In any action commenced pursuant hereto, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. The court may provide that no restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.

(b)Civil actions by Attorney General; Federal jurisdiction; complaint; preventive relief

Whenever the Secretary of Agriculture has reasonable cause to believe that any handler, or group of handlers, has engaged in any act or practice prohibited by section 2303 of this title, he may request the Attorney General to bring civil action in his behalf in the appropriate district court of the United States by filing with it a complaint (1) setting forth facts pertaining to such act or practice, and (2) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the handler, or handlers, responsible for such acts or practices. Upon receipt of such request, the Attorney General is authorized to file such complaint.

(c)Suits by persons injured; Federal jurisdiction; amount of recovery; attorneys’ fees; limitation of actions

Any person injured in his business or property by reason of any violation of, or combination or conspiracy to violate, any provision of section 2303 of this title may sue therefor in the appropriate district court of the United States without respect to the amount in controversy, and shall recover damages sustained. In any action commenced pursuant to this subsection, the court may allow the prevailing party a reasonable attorney’s fee as a part of the costs. Any action to enforce any cause of action under this subsection shall be forever barred unless commenced within two years after the cause of action accrued.

(d)Federal jurisdiction; exhaustion of other remedies; State laws and jurisdiction unaffected

The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. The provisions of this chapter shall not be construed to change or modify existing State law nor to deprive the proper State courts of jurisdiction.

Reference

Citations & Metadata

Citation

7 U.S.C. § 2305

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110