---
kind: "section"
citation: "7 U.S.C. § 1638b"
title: "7"
title_heading: "Agriculture"
number: "1638b"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/1638b"
units:
  - "Chapter 38 — Distribution and Marketing of Agricultural Products"
  - "Subchapter IV — Country of Origin Labeling"
---

# §1638b. Enforcement

- (a) **Warnings—** If the [Secretary](/usc/7/1638.md?p=6) determines that a [retailer](/usc/7/1638.md?p=5) or [person](/usc/7/499a.md?p=b-1) engaged in the business of supplying a [covered commodity](/usc/7/1638.md?p=1-A) to a [retailer](/usc/7/1638.md?p=5) is in violation of [section 1638a of this title](/usc/7/1638a.md), the [Secretary](/usc/7/1638.md?p=6) shall—
  - (1) notify the [retailer](/usc/7/1638.md?p=5)[^1] of the determination of the [Secretary](/usc/7/1638.md?p=6); and
  - (2) provide the [retailer](/usc/7/1638.md?p=5)[^1] a 30-day period, beginning on the date on which the [retailer](/usc/7/1638.md?p=5)[^1] receives the notice under [paragraph (1)](#a-1) from the [Secretary](/usc/7/1638.md?p=6), during which the [retailer](/usc/7/1638.md?p=5)[^1] may take necessary steps to comply with [section 1638a of this title](/usc/7/1638a.md).
- (b) **Fines—** If, on completion of the 30-day period described in [subsection (a)(2)](#a-2), the [Secretary](/usc/7/1638.md?p=6) determines that the [retailer](/usc/7/1638.md?p=5) or [person](/usc/7/499a.md?p=b-1) engaged in the business of supplying a [covered commodity](/usc/7/1638.md?p=1-A) to a [retailer](/usc/7/1638.md?p=5) has—
  - (1) not made a good faith effort to comply with [section 1638a of this title](/usc/7/1638a.md), and
  - (2) continues to willfully violate [section 1638a of this title](/usc/7/1638a.md) with respect to the violation about which the [retailer](/usc/7/1638.md?p=5) or [person](/usc/7/499a.md?p=b-1) received notification under [subsection (a)(1)](#a-1),

  after providing notice and an opportunity for a hearing before the [Secretary](/usc/7/1638.md?p=6) with respect to the violation, the [Secretary](/usc/7/1638.md?p=6) may fine the [retailer](/usc/7/1638.md?p=5) or [person](/usc/7/499a.md?p=b-1) in an amount of not more than $1,000 for each violation.


## Footnotes

[^1]: So in original. Probably should be “retailer or person”.

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 283, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 535; amended Pub. L. 110–234, title XI, § 11002(3), May 22, 2008, 122 Stat. 1354; Pub. L. 110–246, § 4(a), title XI, § 11002(3), June 18, 2008, 122 Stat. 1664, 2116.)

## Notes

### Editorial Notes

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2008—Pub. L. 110–246, § 11002(3), redesignated subsec. (b) as (a) and substituted “retailer or person engaged in the business of supplying a covered commodity to a retailer” for “retailer” in introductory provisions, added subsec. (b), and struck out former subsecs. (a) and (c) which related to applicability of section 1636b of this title to a violation of this subchapter and fine for violation of section 1638a of this title. The substitution in subsec. (a) was made for “retailer” the first time appearing to reflect the probable intent of Congress.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.