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7 U.S.C. § 608aEnforcement of chapter

submitted 93 years ago by ch. 25 to r/title-7-AGRICULTURE · 350 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person who exceeds an agricultural quota or allotment, and anyone who knowingly helps, must forfeit the value of the excess. Federal district courts may enforce and prevent violations of orders, regulations, or agreements issued under this chapter, and United States attorneys must pursue remedies when the Secretary requests it.

(1) to (4) Omitted. (5) Forfeitures. A person who exceeds a quota or allotment fixed for that person by the Secretary, and anyone who knowingly participates in or helps the excess, must forfeit to the United States an amount equal to the excess's value at the commodity's current market price when the violation occurred. The United States may recover this forfeiture in a civil lawsuit. (6) District-court jurisdiction. United States district courts have jurisdiction specifically to enforce and to stop or prevent violations of any order, regulation, or agreement made or issued under this chapter, whether previously or later, in any proceeding pending now or brought later. (7) United States attorneys and investigations. At the Secretary's request, each United States attorney, in the attorney's district and under the Attorney General's direction, must bring proceedings to enforce the remedies and collect forfeitures provided by or under this chapter. If the Secretary, or a designated Agriculture Department officer or employee, has reason to believe a handler violated or is violating an order or amendment issued under this chapter, the Secretary may investigate and, after giving the handler proper notice, hold a hearing to determine the facts and refer the matter to the Attorney General for appropriate action. (8) Cumulative remedies. These remedies are in addition to, and do not replace, remedies or penalties provided elsewhere in this chapter or existing now or later at law or in equity. (9) “Person” means an individual, partnership, corporation, association, or any other business unit.
the actual law source: uscode.house.gov ↗public domain
(1) to (4) Omitted

(5) Forfeitures

Any person exceeding any quota or allotment fixed for him under this chapter by the Secretary of Agriculture and any other person knowingly participating or aiding in the exceeding of such quota or allotment shall forfeit to the United States a sum equal to the value of such excess at the current market price for such commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States.

(6) Jurisdiction of district courts

The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any order, regulation, or agreement, heretofore or hereafter made or issued pursuant to this chapter, in any proceeding now pending or hereafter brought in said courts.

(7) Duties of United States attorneys; investigation of violations by Secretary; hearings

Upon the request of the Secretary of Agriculture, it shall be the duty of the several United States attorneys, in their respective districts, under the directions of the Attorney General, to institute proceedings to enforce the remedies and to collect the forfeitures provided for in, or pursuant to this chapter. Whenever the Secretary, or such officer or employee of the Department of Agriculture as he may designate for the purpose, has reason to believe that any handler has violated, or is violating, the provisions of any order or amendment thereto issued pursuant to this chapter, the Secretary shall have power to institute an investigation and, after due notice to such handler, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the Attorney General for appropriate action.

(8) Cumulative remedies

The remedies provided for in this section shall be in addition to, and not exclusive of, any of the remedies or penalties provided for elsewhere in this chapter or now or hereafter existing at law or in equity.

(9) “Person” defined

The term “person” as used in this chapter includes an individual, partnership, corporation, association, and any other business unit.

Source credit: (May 12, 1933, ch. 25, title I, § 8a, as added May 9, 1934, ch. 263, § 4, 48 Stat. 672; amended Aug. 24, 1935, ch. 641, §§ 8–10, 49 Stat. 762; June 3, 1937, ch. 296, §§ 1, 2(c), 50 Stat. 246, 247; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 87–128, title I, § 141(2), Aug. 8, 1961, 75 Stat. 304.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of May 12, 1933, ch. 25 · 48 Stat. 672
  • 1935Amended · Act of Aug. 24, 1935, ch. 641 · 49 Stat. 762
  • 1937Amended · Act of June 3, 1937, ch. 296 · 50 Stat. 246, 247
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 909
  • 1961Amended · Pub. L. 87-128 · 75 Stat. 304

A history note hasn’t been published yet. The record shows enactment by ch. 25 on 1933-05-12.

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