Sec. 408. Citizen civil actions
217 words·~1 min read·
/bill/116/s/1995/is/section-408A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A person may commence a civil action against— a person that violates a regulation (including a regulation establishing a performance standard), order, or other action of the Administrator to ensure the safety of food; or the Administrator (in his or her capacity as the Administrator), if the Administrator fails to perform an act or duty to ensure the safety of food that is not discretionary under the food safety law. The action shall be commenced in the district court of the United States for the judicial district in which the defendant resides, is found, or has an agent. The court described in paragraph
(1)shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce a regulation (including a regulation establishing a performance standard), order, or other action of the Administrator, or to order the Administrator to perform the act or duty. The court described in paragraph
(1)may— award damages, in the amount of damages actually sustained; and if the court determines it to be in the interest of justice, award the plaintiff the costs of suit, including reasonable attorney’s fees, reasonable expert witness fees, and penalties. The remedies provided for in this section shall be in addition to, and not exclusive of, other remedies that may be available.