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7 U.S.C. § 3807 — General enforcement provisions

submitted 46 years ago by Pub. L. 96-468 to r/title-7-AGRICULTURE · 284 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives the Secretary and the Attorney General specified enforcement powers. It covers court orders, access to premises and records, and investigations.

(a) Injunctions At the Secretary’s request, the Attorney General must bring an action against a person to stop a violation of, or require compliance with, any provision of this chapter or any regulation issued by the Secretary “hereunder” (this section does not define “hereunder”). The action must be brought in the appropriate United States district court for the district where the person lives or does business, or where the violation or failure to act happened or is about to happen. In such cases, legal process may be served in any district where the defendant lives or does business, or wherever the defendant may be found. (b) Access to premises or facility and books and records; examination; samples At all reasonable times, after notice from a duly authorized representative of the Secretary, any person subject to this chapter must give that representative access to the person’s premises or facility and the opportunity to examine the premises or facility, the garbage there, and its books and records. The representative may copy all those books and records and take reasonable samples of the garbage. (c) Additional powers To efficiently carry out this chapter and provide information for Congress, sections 46 and 48 through 50 of title 15, including their penalties, apply to the Secretary’s jurisdiction, powers, and duties in enforcing this chapter and to any person subject to this chapter, whether or not that person is a corporation. The Secretary, personally or through agents the Secretary designates, may conduct any inquiry necessary for the Secretary’s duties under this chapter anywhere in the United States.

the actual law source: uscode.house.gov ↗public domain
(a) Injunctions

The Attorney General, upon the request of the Secretary, shall bring an action to enjoin the violation of, or to compel compliance with, any provision of this chapter or any regulation issued by the Secretary hereunder by any person. Such action shall be brought in the appropriate United States district court for the judicial district in which such person resides or transacts business or in which the violation or omission has occurred or is about to occur. Process in such cases may be served in any judicial district wherein the defendant resides or transacts business or wherever the defendant may be found.

(b) Access to premises or facility and books and records; examination; samples

Any person subject to the provisions of this chapter shall, at all reasonable times, upon notice by a duly authorized representative of the Secretary, afford such representative access to his premises or facility and opportunity to examine the premises or facility, the garbage there at, and books and records thereof, to copy all such books and records and to take reasonable samples of such garbage.

(c) Additional powers

For the efficient execution of the provisions of this chapter, and in order to provide information for the use of Congress, the provisions (including penalties) of sections 46 and 48 through 50 of title 15, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this chapter and to any person subject to the provisions of this chapter, whether or not a corporation. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter in any part of the United States.

Source credit: (Pub. L. 96–468, § 8, Oct. 17, 1980, 94 Stat. 2232.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-468 · 94 Stat. 2232

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-468 on 1980-10-17.

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