§ 4610. Enforcement
644 words·~3 min read·
/usc/title-7/section-4610A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)District courts; jurisdiction; Attorney General 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)Civil penalties; notice and hearing; review; courts of appeals; cease and desist orders; failure to obey; Attorney General
(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.
(Pub. L. 98–590, § 11, Oct. 30, 1984, 98 Stat. 3122; Pub. L. 105–185, § 605(j), June 23, 1998, 112 Stat. 600.)
Connections22 cite this
Cited by 22 sections · top 13
U.S. Code
statutes-at-large
- Public Law 98–590To enable honey producers and handlers to finance a nationally coordinated research, promotion, and consumer information program designed to expand their markets for honey
- Public Law 105–185To ensure that federally funded agricultural research, extension, and education address high-priority concerns with national or multistate significance, to reform, extend, and eliminate certain agricultural research programs, and for other purposes
- Public Law 101–624To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to ensure consumers an abundance of food and fiber at reasonable prices, and for other purposes
5 references not yet in our index
- Pub. L. 98–590, § 11
- 98 Stat. 3122
- Pub. L. 105–185, § 605(j)
- 112 Stat. 600
- Pub. L. 105–185
Citation graph
cites case law
§ 4610
Enforcement
Fed. Reg.×18
Stat.×3
U.S.C.×1
Pub. L.Pub. L. 98–590, § 11
Stat.98 Stat. 3122
Pub. L.Pub. L. 105–185, § 605(j)
Stat.112 Stat. 600
Pub. L.Pub. L. 105–185
Cites 5Cited by 22 across 3 sources