7 U.S.C. § 7448 — Enforcement

(a) Jurisdiction: Federal district courts have jurisdiction specifically to enforce this subchapter's orders and regulations, and to prevent and stop anyone from violating them. (b) Referral to Attorney General: A civil lawsuit authorized under this section goes to the Attorney General for appropriate action, except the Secretary doesn't have to refer a violation if the Secretary believes a suitable written notice or warning, or administrative action under (c), would adequately serve enforcement instead. (c) Civil penalties and orders: (1)(A) Someone who willfully violates an order or regulation issued under this subchapter, or who fails or refuses to pay, collect, or remit a required assessment or fee, can be assessed (i) a civil penalty of up to $1,000 per violation, and (ii) for willfully failing to pay, collect, or remit a required assessment, an additional penalty equal to the assessment amount. (B) Each violation counts as a separate offense. (2) Instead of, or along with, a civil penalty, the Secretary may order a person to cease and desist from continuing a violation. (3) No penalty can be assessed and no cease-and-desist order issued unless the affected person gets notice and a chance for a hearing before the Secretary about the violation. (4) The Secretary's order assessing a penalty or issuing a cease-and-desist order is final and conclusive unless the person appeals it to the appropriate district court under (d). (d) Review by district court: (1) A person found in violation, or penalized or ordered to cease and desist under (c), can get review by (A) filing a notice of appeal, within 30 days of the penalty or order, in the district court for the district where the person lives or does business, or in the U.S. District Court for the District of Columbia, and (B) at the same time sending a copy by certified mail to the Secretary. (2) The Secretary must promptly file a certified copy of the record with that court. (3) The court can set aside the Secretary's finding only if it's unsupported by substantial evidence. (e) Failure to obey cease-and-desist orders: Anyone who disobeys a cease-and-desist order after it becomes final and unappealable, or after a district court enters final judgment for the Secretary, can be fined up to $5,000 per offense (after notice and a hearing, and judicial review, under the same procedures as (c) and (d)); each day the failure continues counts as a separate violation. (f) Failure to pay penalties: If someone doesn't pay a civil penalty after it becomes a final, unappealable order, or after a district court enters final judgment for the Secretary, the Secretary refers the matter to the Attorney General to recover the amount in the district court for a district where the person lives or does business; in that recovery suit, the validity and appropriateness of the underlying penalty order can't be reviewed again. (g) Additional remedies: The remedies in this subchapter are in addition to, and don't replace, any other remedies that may be available.