Title 7, AgricultureRelease 119-110

§6808 Enforcement

Title 7 › CHAPTER 97 — FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND INFORMATION › § 6808

Last updated Sep 22, 2026|Official source

Summary

A United States district court can enforce these rules and stop anyone from breaking them. If someone files a civil case about a violation, it generally must be sent to the Attorney General. The Secretary can instead handle some violations by using administrative steps or by giving a written warning if that seems enough. The Secretary can fine a person $500 to $5,000 for each violation. If someone willfully fails to pay a required assessment, the Secretary can also add a penalty equal to the unpaid amount. Each violation is separate, and each day a person disobeys an order can count as another violation. The Secretary can also order a person to stop the violation. Before any fine or stop order, the person must get notice and a chance for a hearing held in the federal district where they live or do business. The person can appeal within 30 days by filing in that district court or in the District of Columbia and sending the Secretary a certified copy of the appeal. The Secretary must file the record in court. A court will overturn the Secretary’s finding only if there is not substantial evidence to support it. If a final order is ignored, the Secretary may again fine up to $5,000 per offense after a hearing. If a final fine is not paid, the Secretary will ask the Attorney General to collect it in the federal court where the person lives or does business; that collection action cannot retry whether the fine was valid. Other legal remedies can also be used in addition to these.

Full Legal Text

Title 7, §6808

Agriculture, Source: USLM XML via OLRC

(a)Jurisdiction

A district court of the United States shall have jurisdiction to enforce, and to prevent and restrain any person from violating, this chapter or an order or regulation issued by the Secretary under this chapter.

(b)Referral to Attorney General

A civil action brought under subsection (a) 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 an 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)In general

A person who violates a provision of this chapter, or an order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee required of the person under an order or regulation issued under this chapter, may be assessed by the Secretary—

(i)a civil penalty of not less than $500 nor more than $5,000 for each violation; and

(ii)in the case of a willful failure to remit an assessment as required by an order or regulation, an additional penalty equal to the amount of the assessment.

(B)Separate offenses

Each violation shall be a separate offense.

(2)Cease and desist orders

In addition to or in lieu of a civil penalty under paragraph (1), the Secretary may issue an order requiring a person to cease and desist from continuing a violation of this chapter, or an order or regulation issued under this chapter.

(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 the violation. Any such hearing shall be conducted in accordance with section 6809(b)(2) of this title and shall be held within the United States judicial district in which the residence or principal place of business of the person is located.

(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

(A)In general

Any person against whom a violation is found and a civil penalty is assessed or a cease and desist order is issued under subsection (c) may obtain review of the penalty or order by, within the 30-day period beginning on the date the penalty is assessed or order issued—

(i)filing a notice of appeal in the district court of the United States for the district in which the person resides or conducts business, or in the United States District Court for the District of Columbia; and

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

(B)Copy of record

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

(2)Standard of review

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

(e)Failure to obey order

(1)In general

A person who fails to obey a cease and desist order issued under subsection (c) 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 of not more than $5,000 for each offense, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d).

(2)Separate violations

Each day during which the person fails to obey an order described in paragraph (1) shall be considered as a separate violation of the order.

(f)Failure to pay penalty

(1)In general

If a person fails to pay a civil penalty assessed under subsection (c) or (e) after the penalty 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 United States district court in which the person resides or conducts business.

(2)Scope of review

In an action by the Attorney General under paragraph (1), the validity and appropriateness of the civil penalty shall not be subject to review.

(g)Additional remedies

The remedies provided in this chapter shall be in addition to, and not exclusive of, other remedies that may be available.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6808

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110