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7 U.S.C. § 1638b — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Warnings** If the Secretary determines that a retailer or person engaged in the business of supplying a covered commodity to a retailer is in violation of [section 1638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1638a&num=0&edition=prelim), the Secretary shall—
(1) notify the retailer 11 So in original. Probably should be “retailer or person”. of the determination of the Secretary; and
(2) provide the retailer 1 a 30-day period, beginning on the date on which the retailer 1 receives the notice under paragraph (1) from the Secretary, during which the retailer 1 may take necessary steps to comply with [section 1638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1638a&num=0&edition=prelim).
**(b) Fines** If, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person engaged in the business of supplying a covered commodity to a retailer has—
(1) not made a good faith effort to comply with [section 1638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1638a&num=0&edition=prelim), and
(2) continues to willfully violate [section 1638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1638a&num=0&edition=prelim) with respect to the violation about which the retailer or person received notification under subsection (a)(1),
after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer or person in an amount of not more than $1,000 for each violation.
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Stable record: federal_law:legal_authorities:record_usc_851d415c60d388d8a12e2e82
Source file: Laws/federal/codes/united-states-code/title-7/section-1638b-enforcement--de438546df.md
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Passage SHA-256: 74404132a37c717d47e69ad4429c37412efbe11b8e9373162fcc41ee364bbe73
Source location: Title 7, Chapter 38, § 1638b; chapter-038-distribution-and-marketing-of-agricultural-products.md
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**(a) Warnings** If the Secretary determines that a retailer or person engaged in the business of supplying a covered commodity to a retailer is in violation of [section 1638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1638a&num=0&edition=prelim), the Secretary shall—
(1) notify the retailer 11 So in original. Probably should be “retailer or person”. of the determination of the Secretary; and
(2) provide the retailer 1 a 30-day period, beginning on the date on which the retailer 1 receives the notice under paragraph (1) from the Secretary, during which the retailer 1 may take necessary steps to comply with [section 1638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1638a&num=0&edition=prelim).
**(b) Fines** If, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person engaged in the business of supplying a covered commodity to a retailer has—
(1) not made a good faith effort to comply with [section 1638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1638a&num=0&edition=prelim), and
(2) continues to willfully violate [section 1638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1638a&num=0&edition=prelim) with respect to the violation about which the retailer or person received notification under subsection (a)(1),
after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer or person in an amount of not more than $1,000 for each violation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Requirement** — Except as provided in subsection (b), a retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity.
(2) **Designation of country of origin for lamb, chicken, goat, and venison meat**
(A) *United States country of origin* — A retailer of a covered commodity that is lamb, chicken, goat, or venison meat may designate the covered commodity as exclusively having a United States country of origin only if the covered commodity is derived from an animal that was—
(i) exclusively born, raised, and slaughtered in the United States;
(ii) born and raised in Alaska or Hawaii and transported for a period of not more than 60 days through Canada to the United States and slaughtered in the United States; or
(iii) present in the United States on or before July 15, 2008, and once present in the United States, remained continuously in the United States.
(B) *Multiple countries of origin*
(i) *In general* — A retailer of a covered commodity that is lamb, chicken, goat, or venison meat that is derived from an animal that is—
(I) not exclusively born, raised, and slaughtered in the United States,
(II) born, raised, or slaughtered in the United States, and
(III) not imported into the United States for immediate slaughter,
may designate the country of origin of such covered commodity as all of the countries in which the animal may have been born, raised, or slaughtered.
(ii) *Relation to general requirement* — Nothing in this subparagraph alters the mandatory requirement to inform consumers of the country of origin of covered commodities under paragraph (1).
(C) *Imported for immedia
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1638a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalty**
(1) **In general** — Any packer or other person that violates this subchapter may be assessed a civil penalty by the Secretary of not more than $10,000 for each violation.
(2) **Continuing violation** — Each day during which a violation continues shall be considered to be a separate violation.
(3) **Factors** — In determining the amount of a civil penalty to be assessed under paragraph (1), the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the ability of the person that has committed the violation to continue in business.
(4) **Multiple violations** — In determining whether to assess a civil penalty under paragraph (1), the Secretary shall consider whether a packer or other person subject to this subchapter has engaged in a pattern of errors, delays, or omissions in violation of this subchapter.
**(b) Cease and desist** In addition to, or in lieu of, a civil penalty under subsection (a), the Secretary may issue an order to cease and desist from continuing any violation.
**(c) Notice and hearing** No penalty shall be assessed, or cease and desist order issued, by the Secretary under this section unless the person against which the penalty is assessed or to which the order is issued is given notice and opportunity for a hearing before the Secretary with respect to the violation.
**(d) Finality and judicial review**
(1) **In general** — The order of the Secretary assessing a civil penalty or issuing a cease and desist order under this section shall be final and conclusive unless the affected person files an appeal of the order of the Secretary in United States district court not later than 30 days after the date of the issuance of the order.
(2) **Standard of review**
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Federal law — U.S. Code and appendices · legal_authorities
Page 945
TITLE 7—AGRICULTURE
§ 1638d
1 So in original. Probably should be ‘‘retailer or person’’.
Subsec. (f)(2)(B) to (E). Pub. L. 114–113, § 759(b)(2), re-
designated subpars. (D) and (E) as (B) and (C), respec-
tively, and struck out former subpars. (B) and (C),
which read as follows:
‘‘(B) the voluntary country of origin beef labeling
system carried out under this Act;
‘‘(C) voluntary programs established to certify cer-
tain premium beef cuts;’’.
2014—Subsec. (a)(2). Pub. L. 113–79, § 12104(b)(2)(A),
substituted ‘‘goat, and venison’’ for ‘‘and goat’’ in
heading.
Subsec. (a)(2)(A), (B)(i), (C), (D). Pub. L. 113–79,
§ 12104(b)(2)(B), substituted ‘‘goat, or venison’’ for ‘‘or
goat’’.
Subsec. (a)(2)(E). Pub. L. 113–79, § 12104(b)(2)(C), sub-
stituted ‘‘goat, and venison’’ for ‘‘and goat’’ in heading
and ‘‘ground goat, or ground venison’’ for ‘‘or ground
goat’’ wherever appearing in text.
2008—Subsec. (a)(2) to (4). Pub. L. 110–246, § 11002(2)(A),
added pars. (2) to (4) and struck out former pars. (2) and
(3) which related to designation of United States as
country of origin for beef, lamb, pork, fish, perishable
agricultural commodities, and peanuts, and require-
ment that notice of country of origin for fish shall dis-
tinguish between wild and farm-raised fish.
Subsec. (d). Pub. L. 110–246, § 11002(2)(B), added subsec.
(d) and struck out former subsec. (d). Prior to amend-
ment, text read as follows: ‘‘The Secretary may require
that any person that prepares, stores, handles, or dis-
tributes a covered commodity for retail sale maintain
a verifiable recordkeeping audit trail that will permit
the Secretary to verify compliance with this sub-
chapter (including the regulations promulgated under
section 1638c(b) of this title).’’
2002—Subsec. (a
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1638b
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