7 U.S.C. § 1636b — Enforcement

Page 938 TITLE 7—AGRICULTURE § 1636b (Aug. 14, 1946, ch. 966, title II, § 252, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1201.) § 1636b. Enforcement (a) Civil penalty (1) In general Any packer or other person that violates this subchapter may be assessed a civil pen- alty 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 Sec- retary shall consider the gravity of the of- fense, 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 pen- alty under paragraph (1), the Secretary shall consider whether a packer or other person sub- ject to this subchapter has engaged in a pat- tern of errors, delays, or omissions in viola- tion 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 de- sist order issued, by the Secretary under this section unless the person against which the pen- alty is assessed or to which the order is issued is given notice and opportunity for a hearing be- fore 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 A finding of the Secretary under this section shall be set aside only if the finding is found to be unsupported by substantial evidence. (e) Enforcement (1) In general If, after the lapse of the period allowed for appeal or after the affirmance of a penalty as- sessed under this section, the person against which the civil penalty is assessed fails to pay the penalty, the Secretary may refer the mat- ter to the Attorney General who may recover the penalty by an action in United States dis- trict court. (2) Finality In the action, the final order of the Sec- retary shall not be subject to review. (f) Injunction or restraining order (1) In general If the Secretary has reason to believe that any person subject to this subchapter has failed or refused to provide the Secretary in- formation required to be reported pursuant to this subchapter, and that it would be in the public interest to enjoin the person from fur- ther failure to comply with the reporting re- quirements, the Secretary may notify the At- torney General of the failure. (2) Attorney General The Attorney General may apply to the ap- propriate district court of the United States for a temporary or permanent injunction or restraining order. (3) Court When needed to carry out this subchapter, the court shall, on a proper showing, issue a temporary injunction or restraining order without bond. (g) Failure to obey orders (1) In general If a person subject to this subchapter fails to obey a cease and desist or civil penalty order issued under this subsection 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, the United States may apply to the appropriate district court for enforcement of the order. (2) Enforcement If the court determines that the order was lawfully made and duly served and that the person violated the order, the court shall en- force the order. (3) Civil penalty If the court finds that the person violated the cease and desist provisions of the order, the person shall be subject to a civil penalty of not more than $10,000 for each offense. (Aug. 14, 1946, ch. 966, title II, § 253, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1202.) § 1636c. Fees The Secretary shall not charge or assess a user fee, transaction fee, service charge, assessment, reimbursement, or any other fee for the submis- sion or reporting of information, for the receipt or availability of, or access to, published reports or information, or for any other activity re- quired under this subchapter. (Aug. 14, 1946, ch. 966, title II, § 254, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1203.) § 1636d. Recordkeeping (a) In general Subject to subsection (b), each packer required to report information to the Secretary under