---
kind: "section"
citation: "7 U.S.C. § 3805"
title: "7"
title_heading: "Agriculture"
number: "3805"
heading: "Civil penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/3805"
units:
  - "Chapter 69 — Swine Health Protection"
---

# §3805. Civil penalties

- (a) **Assessment by Secretary—** Any [person](/usc/7/3802.md?p=3) who the [Secretary](/usc/7/3802.md?p=1) determines, after notice and opportunity for a hearing on the record in accordance with sections [554](/usc/5/554.md) and [556](/usc/5/556.md) of title 5, is violating or has violated any provision of this chapter or any regulation of the [Secretary](/usc/7/3802.md?p=1) issued hereunder, other than a violation for which a criminal penalty has been imposed under this chapter, may be assessed a civil penalty by the [Secretary](/usc/7/3802.md?p=1) of not more than $10,000 for each such violation. Each offense shall be a separate violation. The amount of such civil penalty shall be assessed by the [Secretary](/usc/7/3802.md?p=1) by written order, taking into account the gravity of the violation, degree of culpability, and history of prior offenses; and may be reviewed only as provided in [subsection (b)](#b) of this section.
- (b) **Judicial review—** The determination and order of the [Secretary](/usc/7/3802.md?p=1) with respect thereto imposing a civil penalty under this section shall be final and conclusive unless the [person](/usc/7/3802.md?p=3) against whom such an order is issued files application for judicial review within sixty days after entry of such order in the appropriate United States court of appeals in accordance with the provisions of sections [2341](/usc/28/2341.md), [2343](/usc/28/2343.md) through [2350](/usc/28/2350.md) of title 28, and such court shall have jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the [Secretary](/usc/7/3802.md?p=1)’s order. Judicial review of any such order shall be upon the record upon which the determination and order are based.
- (c) **Collection action by Attorney General—** If any [person](/usc/7/3802.md?p=3) fails to pay a civil penalty under a final order of the [Secretary](/usc/7/3802.md?p=1), the [Secretary](/usc/7/3802.md?p=1) shall refer the matter to the Attorney General, who shall institute a civil action to recover the amount assessed in any appropriate district court of the United States. In such collection action, the validity and appropriateness of the [Secretary](/usc/7/3802.md?p=1)’s order imposing the civil penalty shall not be subject to review.
- (d) **Payment into United States Treasury—** All penalties collected under authority of this section shall be paid into the Treasury of the United States.
- (e) **Compromise, modification, or remittance—** The [Secretary](/usc/7/3802.md?p=1) may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this chapter.

## Source credit

(Pub. L. 96–468, § 6, Oct. 17, 1980, 94 Stat. 2231.)