7 U.S.C. § 4815 — Enforcement

(a) Jurisdiction of district court; referral of civil actions to Attorney General (1) A district court of the United States must have jurisdiction specifically to enforce, and to prevent and restrain a person^* from violating an order^*, rule, or regulation issued under this chapter. (2) A civil action authorized to be brought under this subsection must be referred to the Attorney General for appropriate action, except that the Secretary^* is not required to refer to the Attorney General a violation of this chapter if the Secretary believes that the administration and enforcement of this chapter would be adequately served by providing a suitable written notice or warning to a person who committed the violation or by administrative action under subsection (b). (b) Penalties for willful violations; issuance of cease-and-desist orders; judicial review of orders; penalty for failure to obey cease-and-desist order (1) (A) A person who willfully violates an order, rule, or regulation issued by the Secretary under this chapter can be assessed— (i) a civil penalty by the Secretary of not more than $1,000 for each the violation; and (ii) in the case of a willful failure to pay, collect, or remit an assessment as required by an order, an additional penalty equal to the amount of the assessment. (B) Each the violation must be a separate offense. (C) In addition to or in lieu of the civil penalty, the Secretary may issue an order requiring the person to cease and desist from violating the order, rule, or regulation. (D) No penalty can be assessed or cease-and-desist order issued unless the Secretary gives the person notice and opportunity for a hearing on the record with respect to the violation. (E) An order issued under this paragraph by the Secretary must be final and conclusive unless the person files an appeal from the order with the appropriate United States court of appeals not later than 30 days after the person receives notice of the order. (2) (A) A person against whom an order is issued under paragraph (1) may obtain review of the order in the court of appeals of the United States for the circuit in which the person resides or does business, or in the United States Court of Appeals for the District of Columbia Circuit, by— (i) filing a notice of appeal in the court not later than 30 days after the date of the order; and (ii) simultaneously sending a copy of the notice by certified mail to the Secretary. (B) The Secretary must file promptly in the court a certified copy of the record on which the violation was found. (C) A finding of the Secretary must be set aside only if the finding is found to be unsupported by substantial evidence. (3) (A) A person who fails to obey a valid cease-and-desist order issued under paragraph (1) by the Secretary, after an opportunity for a hearing, must be subject to a civil penalty assessed by the Secretary of not more than $500 for each offense. (B) Each day during which the failure continues must be considered a separate violation of the order. (4) (A) If a person fails to pay a valid civil penalty imposed under this subsection by the Secretary, the Secretary must refer the matter to the Attorney General for recovery of the amount assessed in an appropriate district court of the United States. (B) In the action, the validity and appropriateness of the order imposing the civil penalty must not be subject to review. (c) Availability of additional remedies The remedies provided in subsections (a) and (b) must be in addition to, and not exclusive of, other remedies that can be available.