7 U.S.C. § 2714 — Civil enforcement proceedings

(a) Enforcement of orders by district court; referral of civil actions to Attorney General. United States^* district courts have jurisdiction to enforce orders or regulations issued under this chapter and to stop or prevent anyone from violating them. Any civil action authorized under this subsection must be referred to the Attorney General for appropriate action. However, the Secretary^* need not refer a violation if the Secretary believes the program will be adequately administered and enforced through the administrative action in subsection (b) or through a suitable written notice or warning to the violator.

(b) Civil penalty; review by court of appeals; noncompliance with final order; referral to Attorney General.

(1) A person^* who violates an order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or send in an assessment or fee properly required under it, may receive a civil penalty from the Secretary of $500 to $5,000 for each violation. Each violation is a separate offense. Instead of, or in addition to, the penalty, the Secretary may order the person to stop and not continue the violation. The Secretary may not impose a penalty or issue a cease-and-desist order unless the person receives notice and an opportunity for a hearing. The Secretary’s order is final and conclusive unless the affected person appeals it to the appropriate United States court of appeals.

(2) A person found to have violated a rule and given a penalty or cease-and-desist order under paragraph (1) may seek review in the court of appeals for the circuit where the person lives or has a place of business, or in the United States Court of Appeals for the District of Columbia Circuit. The person must file a notice of appeal within 30 days after the order and at the same time send a copy by certified mail to the Secretary. The Secretary must promptly file a certified copy of the record supporting the finding. The court may set aside the Secretary’s findings only if substantial evidence does not support them.

(3) A person who fails to obey a cease-and-desist order after it is final and no longer appealable, or after the appropriate court of appeals enters final judgment for the Secretary, shall be subject to a civil penalty assessed by the Secretary, after an opportunity for a hearing and judicial review under paragraphs (1) and (2), of not more than $500 for each offense. Each day the failure continues is a separate offense.

(4) If a person does not pay a civil penalty after the order is final and no longer appealable, or after the appropriate court of appeals enters final judgment for the Secretary, the Secretary must refer the matter to the Attorney General. The Attorney General must recover the assessed amount in an appropriate United States district court. In that action, the court may not review whether the final penalty order was valid or appropriate.