---
kind: "section"
citation: "7 U.S.C. § 1636b"
title: "7"
title_heading: "Agriculture"
number: "1636b"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/1636b"
units:
  - "Chapter 38 — Distribution and Marketing of Agricultural Products"
  - "Subchapter II — Livestock Mandatory Reporting"
  - "Part E — Administration"
---

# §1636b. Enforcement

- (a) **Civil penalty—**
  - (1) **In general—** Any [packer](/usc/7/1635d.md?p=5) or other [person](/usc/7/499a.md?p=b-1) that violates this subchapter may be assessed a civil penalty by the [Secretary](/usc/7/499a.md?p=b-2) of not more than $10,000 for each violation.
  - (2) **Continuing violation—** Each day during which a violation continues shall be considered to be a separate violation.
  - (3) **Factors—** In determining the amount of a civil penalty to be assessed under [paragraph (1)](#a-1), the [Secretary](/usc/7/499a.md?p=b-2) shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the ability of the [person](/usc/7/499a.md?p=b-1) that has committed the violation to continue in business.
  - (4) **Multiple violations—** In determining whether to assess a civil penalty under [paragraph (1)](#a-1), the [Secretary](/usc/7/499a.md?p=b-2) shall consider whether a [packer](/usc/7/1635d.md?p=5) or other [person](/usc/7/499a.md?p=b-1) subject to this subchapter has engaged in a pattern of errors, delays, or omissions in violation of this subchapter.
- (b) **Cease and desist—** In addition to, or in lieu of, a civil penalty under [subsection (a)](#a), the [Secretary](/usc/7/499a.md?p=b-2) may issue an order to cease and desist from continuing any violation.
- (c) **Notice and hearing—** No penalty shall be assessed, or cease and desist order issued, by the [Secretary](/usc/7/499a.md?p=b-2) under this section unless the [person](/usc/7/499a.md?p=b-1) against which the penalty is assessed or to which the order is issued is given notice and opportunity for a hearing before the [Secretary](/usc/7/499a.md?p=b-2) with respect to the violation.
- (d) **Finality and judicial review—**
  - (1) **In general—** The order of the [Secretary](/usc/7/499a.md?p=b-2) assessing a civil penalty or issuing a cease and desist order under this section shall be final and conclusive unless the affected [person](/usc/7/499a.md?p=b-1) files an appeal of the order of the [Secretary](/usc/7/499a.md?p=b-2) in United States district court not later than 30 days after the date of the issuance of the order.
  - (2) **Standard of review—** A finding of the [Secretary](/usc/7/499a.md?p=b-2) under this section shall be set aside only if the finding is found to be unsupported by substantial evidence.
- (e) **Enforcement—**
  - (1) **In general—** If, after the lapse of the period allowed for appeal or after the affirmance of a penalty assessed under this section, the [person](/usc/7/499a.md?p=b-1) against which the civil penalty is assessed fails to pay the penalty, the [Secretary](/usc/7/499a.md?p=b-2) may refer the matter to the Attorney General who may recover the penalty by an action in United States district court.
  - (2) **Finality—** In the action, the final order of the [Secretary](/usc/7/499a.md?p=b-2) shall not be subject to review.
- (f) **Injunction or restraining order—**
  - (1) **In general—** If the [Secretary](/usc/7/499a.md?p=b-2) has reason to believe that any [person](/usc/7/499a.md?p=b-1) subject to this subchapter has failed or refused to provide the [Secretary](/usc/7/499a.md?p=b-2) information required to be reported pursuant to this subchapter, and that it would be in the public interest to enjoin the [person](/usc/7/499a.md?p=b-1) from further failure to comply with the reporting requirements, the [Secretary](/usc/7/499a.md?p=b-2) may notify the Attorney General of the failure.
  - (2) **Attorney General—** The Attorney General may apply to the appropriate district court of the United States for a temporary or permanent injunction or restraining order.
  - (3) **Court—** When needed to carry out this subchapter, the court shall, on a proper showing, issue a temporary injunction or restraining order without bond.
- (g) **Failure to obey orders—**
  - (1) **In general—** If a [person](/usc/7/499a.md?p=b-1) subject to this subchapter fails to obey a cease and desist or civil penalty order issued under this subsection after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the [Secretary](/usc/7/499a.md?p=b-2), the United States may apply to the appropriate district court for enforcement of the order.
  - (2) **Enforcement—** If the court determines that the order was lawfully made and duly served and that the [person](/usc/7/499a.md?p=b-1) violated the order, the court shall enforce the order.
  - (3) **Civil penalty—** If the court finds that the [person](/usc/7/499a.md?p=b-1) violated the cease and desist provisions of the order, the [person](/usc/7/499a.md?p=b-1) shall be subject to a civil penalty of not more than $10,000 for each offense.

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 253, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1202.)