7 U.S.C. § 6107: Enforcement

Summary

Federal district courts can enforce and stop anyone who breaks orders or rules made by the Secretary under this law. The Secretary may send cases to the Attorney General for civil action, but does not have to if a warning or an internal administrative step will work. If a person willfully breaks a rule or fails to pay a required fee, the Secretary can fine that person $500 to $5,000 for each separate violation. The Secretary can also order the person to stop the violation. Before a fine or stop order is final, the person must get notice and a chance for a hearing. To appeal, the person must file in a U.S. district court within the 30-day period after the penalty or order, where they live or do business or in the District of Columbia, and send a copy by certified mail to the Secretary. The Secretary must file the record, and a court will only overturn the Secretary’s finding if there is not substantial evidence to support it. If someone disobeys a final stop order, they can be fined up to $500 for each offense, and each day the disobedience continues is a separate violation, after a hearing and possible court review. If a person fails to pay a final penalty or a court judgment, the Secretary will ask the Attorney General to collect the money in the district where the person lives or does business, and the amount of the penalty cannot be relitigated in that collection case.

Title 7, §6107

Agriculture, Source: USLM XML via OLRC

(a)Jurisdiction

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 by the Secretary under this chapter.

(b)Referral to Attorney General

A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this chapter, or any order or regulation issued under this chapter, if the Secretary believes that the administration and enforcement of this chapter would be adequately served by administrative action under subsection (c) or suitable written notice or warning to the person who committed or is committing the violation.

(c)Civil penalties and orders

(1)Civil penalties

A person who willfully violates a 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 the person under such order or regulation, 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.

(2)Cease-and-desist orders

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.

(3)Notice and hearing

No penalty shall be assessed or cease and desist order issued by the Secretary under this subsection unless the Secretary gives the person against whom the penalty is assessed or the order is issued notice and opportunity for a hearing before the Secretary with respect to such violation.

(4)Finality

The penalty assessed or cease and desist order issued under this subsection shall be final and conclusive unless the person against whom the penalty is assessed or the order is issued files an appeal with the appropriate district court of the United States in accordance with subsection (d).

(d)Review by district court

(1)Commencement of action

Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under subsection (c) may obtain review of the penalty or order by—

(A)filing, within the 30-day period beginning on the date such penalty is assessed or order issued, a notice of appeal in the district court of the United States for the district in which such person resides or does business, or in the United States District Court for the District of Columbia; and

(B)simultaneously sending a copy of the notice by certified mail to the Secretary.

(2)Record

The Secretary shall promptly file in such court a certified copy of the record on which the Secretary found that the person had committed a violation.

(3)Standard of review

A finding of the Secretary shall be set aside only if the finding is found to be unsupported by substantial evidence.

(e)Failure to obey orders

A person who fails to obey a cease and desist order after the order has become final and unappealable, or after the appropriate United States district court 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 subsections (c) and (d), of not more than $500 for each offense. Each day during which such failure continues shall be considered as a separate violation of such order.

(f)Failure to pay penalties

If a person fails to pay an assessment of a civil penalty after it has become final and unappealable, or after the appropriate United States district court 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 district court in which the person resides or conducts business. In such action, the validity and appropriateness of such civil penalty shall not be subject to review.

Editorial Notes

Amendments

1991—Subsec. (d)(1)(A). Pub. L. 102–237 substituted “United States District Court” for “United States district court”.

§6107 Enforcement

Summary

Title 7, §6107

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata