§4610 — Title 7 Agriculture | U.S. Code

Summary

Federal district courts can enforce or stop anyone from breaking orders or rules made under this law. When a civil case is possible, the Secretary sends the facts 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 or a written warning will work. If a person breaks a rule or fails to pay a required fee, the Secretary can fine them $500 to $5,000 for each violation. Each violation is separate. The Secretary can also order a person to stop the violation. Before a fine or stop order, the person must get notice and a chance for a hearing. The Secretary’s order is final unless the person files an appeal in the right U.S. court of appeals within 30 days and mails a copy to the Secretary. The Secretary must file the record in that court, and the court will only overturn the Secretary’s findings if they are not supported by substantial evidence. If someone disobeys a final stop order, the Secretary can fine up to $500 for each offense, with each day counted as a separate offense, after a hearing and review. If a final fine is not paid, the Secretary will send the case to the Attorney General to collect it in federal court, and that court will not re‑examine whether the fine itself was proper.

Title 7, §4610

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 issued under this chapter. The facts relating to any civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action. 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 any such order or regulation would be adequately served by administrative action under subsection (b) or suitable written notice or warning to any person committing such violations.

(b)(1)Any person who violates any provision of any order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of such person thereunder, may be assessed a civil penalty by the Secretary of not less than $500 nor 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 violations. No penalty shall 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, and 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) 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 a 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 under the procedures specified in paragraphs (1) and (2) 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 for recovery of 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.

Editorial Notes

Amendments

1998—Subsecs. (a), (b)(1). Pub. L. 105–185 substituted “order” for “plan” wherever appearing.

§4610 Enforcement

Summary

Title 7, §4610

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata