7 U.S.C. § 1638b — Enforcement

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)(2)(D). Pub. L. 107–206 amended sub- par. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘in the case of wild fish, is— ‘‘(i) harvested in waters of the United States, a ter- ritory of the United States, or a State; and ‘‘(ii) processed in the United States, a territory of the United States, or a State, including the waters thereof; and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. § 1638b. Enforcement (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, the Secretary shall— (1) notify the retailer 1 of the determination of the Secretary; and (2) provide the retailer 1 a 30-day period, be- ginning on the date on which the retailer 1 re- ceives 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. (b) Fines If, on completion of the 30-day period de- scribed in subsection (a)(2), the Secretary deter- mines 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, and (2) continues to willfully violate section 1638a of this title with respect to the violation about which the retailer or person received no- tification 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. (Aug. 14, 1946, ch. 966, title II, § 283, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 535; amended Pub. L. 110–234, title XI, § 11002(3), May 22, 2008, 122 Stat. 1354; Pub. L. 110–246, § 4(a), title XI, § 11002(3), June 18, 2008, 122 Stat. 1664, 2116.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Pub. L. 110–246, § 11002(3), redesignated subsec. (b) as (a) and substituted ‘‘retailer or person engaged in the business of supplying a covered commodity to a re- tailer’’ for ‘‘retailer’’ in introductory provisions, added subsec. (b), and struck out former subsecs. (a) and (c) which related to applicability of section 1636b of this title to a violation of this subchapter and fine for viola- tion of section 1638a of this title. The substitution in subsec. (a) was made for ‘‘retailer’’ the first time ap- pearing to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. § 1638c. Regulations (a) Guidelines Not later than September 30, 2002, the Sec- retary shall issue guidelines for the voluntary country of origin labeling of covered commod- ities based on the requirements of section 1638a of this title. (b) Regulations Not later than September 30, 2004, the Sec- retary shall promulgate such regulations as are necessary to implement this subchapter. (c) Partnerships with States In promulgating the regulations, the Sec- retary shall, to the maximum extent prac- ticable, enter into partnerships with States with enforcement infrastructure to assist in the ad- ministration of this subchapter. (Aug. 14, 1946, ch. 966, title II, § 284, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 535.) § 1638d. Applicability This subchapter shall apply to the retail sale of a covered commodity beginning September 30,