7 U.S.C. § 4910 — Enforcement

(a) The federal district courts have specific jurisdiction to enforce any plan^* or regulation made or issued under this chapter and to stop or restrain any person^* from violating one. The facts about any civil action that may be brought under this subsection must be referred to the Attorney General for appropriate action. However, this chapter does not require the Secretary^* to refer a violation whenever the Secretary believes that administration and enforcement would be adequately served by administrative action under subsection (b) or by suitable written notice or warning to the person committing the violation.

(b)(1) The Secretary may assess a civil penalty of at least $500 and at most $5,000 for each violation against a person who violates a provision of a plan or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or send in an assessment or fee that the person is required to pay, collect, or send in under the plan or regulation. Each violation is a separate offense. In addition to, or instead of, the civil penalty, the Secretary may order the person to stop and not continue the violation. The Secretary may not assess a penalty or issue such an order unless the person receives notice and an opportunity for a hearing before the Secretary about the violation. The Secretary’s order assessing the penalty or imposing the order is final and conclusive unless the affected person appeals it to the appropriate United States^* court of appeals.

(2) A person against whom a violation is found and a civil penalty or cease-and-desist order is issued may seek review in the court of appeals for the circuit where the person lives or does 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’s date and at the same time send a copy by certified mail to the Secretary. The Secretary must promptly file in that court 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 becomes final and not appealable, or after the appropriate court of appeals enters a final judgment for the Secretary, is subject to a civil penalty assessed by the Secretary of not more than $500 for each offense. The person must first have an opportunity for a hearing and for court review under paragraphs (1) and (2). Each day the failure continues counts as a separate offense.

(4) If a person fails to pay a civil-penalty assessment after it becomes a final and not appealable order, or after the appropriate court of appeals enters a final judgment for the Secretary, the Secretary must refer the matter to the Attorney General. The Attorney General may recover the assessed amount in any appropriate federal district court. In that action, no one may review whether the final order imposing the penalty was valid or appropriate.