--- kind: "section" citation: "7 U.S.C. § 6009" title: "7" title_heading: "Agriculture" number: "6009" heading: "Enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/6009" units: - "Chapter 89 — Pecan Promotion and Research" --- # §6009. Enforcement - (a) **Jurisdiction—** The [district](/usc/7/6002.md?p=6) courts of the [United States](/usc/7/6002.md?p=26) shall have jurisdiction specifically to enforce, and to prevent and restrain a [person](/usc/7/6002.md?p=17) from violating, this chapter or any plan or regulation issued under this chapter. - (b) **Referral to Attorney General—** A civil action to be brought under this section shall be referred to the Attorney General for appropriate action, except that the [Secretary](/usc/7/6002.md?p=21) is not required to refer to the Attorney General a violation of this chapter or any plan or regulation issued under this chapter if the [Secretary](/usc/7/6002.md?p=21) believes that the administration and enforcement of this chapter would be adequately served by administrative action under [subsection (c)](#c) or by providing a suitable written notice or warning to any [person](/usc/7/6002.md?p=17) committing the violation. - (c) **Civil penalties and orders—** - (1) **Civil penalties—** - (A) **In general—** A [person](/usc/7/6002.md?p=17) who willfully violates any provision of this chapter or any plan or regulation issued under this chapter, or who fails to pay, collect, or remit any assessment or fee required of the [person](/usc/7/6002.md?p=17) under this chapter or any plan or regulation issued under this chapter, may be assessed by the [Secretary](/usc/7/6002.md?p=21) a civil penalty of not less than $1,000 nor more than $10,000 for each such violation. - (B) **Separate offense—** Each violation described in [subparagraph (A)](#c-1-A) shall be a separate offense. - (2) **Cease and desist orders—** In addition to or in lieu of such civil penalty, the [Secretary](/usc/7/6002.md?p=21) may issue an order requiring such [person](/usc/7/6002.md?p=17) to cease and desist from continuing such violation. - (3) **Notice and hearing—** No penalty shall be assessed or cease and desist order issued by the [Secretary](/usc/7/6002.md?p=21) under this subsection unless the [Secretary](/usc/7/6002.md?p=21) gives the [person](/usc/7/6002.md?p=17) against whom the order is issued notice and opportunity for a hearing on the record with respect to such violation. - (4) **Finality—** The order of the [Secretary](/usc/7/6002.md?p=21) assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the [person](/usc/7/6002.md?p=17) against whom the order is issued files an appeal from the [Secretary](/usc/7/6002.md?p=21)’s order in accordance with [subsection (d)](#d). - (d) **Review by district court—** - (1) **Commencement of action—** A [person](/usc/7/6002.md?p=17) against whom a civil penalty is assessed or a cease and desist order is issued under [subsection (c)](#c) may obtain review of such penalty or order in the [district](/usc/7/6002.md?p=6) court of the [United States](/usc/7/6002.md?p=26) for the [district](/usc/7/6002.md?p=6) in which such [person](/usc/7/6002.md?p=17) resides or does business, or in the [United States](/usc/7/6002.md?p=26) [District](/usc/7/6002.md?p=6) Court for the District of Columbia, by— - (A) filing, within the 30-day period beginning on the date such penalty is assessed or order issued, a notice of appeal in such court; and - (B) simultaneously sending a copy of the notice by certified mail to the [Secretary](/usc/7/6002.md?p=21). - (2) **Record—** The [Secretary](/usc/7/6002.md?p=21) shall promptly file in such court a certified copy of the record on which the [Secretary](/usc/7/6002.md?p=21) found that the [person](/usc/7/6002.md?p=17) had committed a violation. - (3) **Standard of review—** A finding of the [Secretary](/usc/7/6002.md?p=21) shall be set aside only if the finding is found to be unsupported by substantial evidence. - (e) **Failure to obey orders—** Any [person](/usc/7/6002.md?p=17) who fails to obey a cease and desist order after the order has become final and unappealable, or after the appropriate [district](/usc/7/6002.md?p=6) court has entered a final judgment in favor of the [Secretary](/usc/7/6002.md?p=21), shall be subject to a civil penalty assessed by the [Secretary](/usc/7/6002.md?p=21), after opportunity for a hearing on the record and for judicial review under the procedures specified in subsections [(c)](#c) and [(d)](#d), of not more than $1,000 for each offense. Each day during which the failure continues shall be considered a separate violation of such order. - (f) **Failure to pay penalty—** If a [person](/usc/7/6002.md?p=17) fails to pay a civil penalty after it has become a final and unappealable order issued by the [Secretary](/usc/7/6002.md?p=21), or after the appropriate [district](/usc/7/6002.md?p=6) court has entered a final judgment in favor of the [Secretary](/usc/7/6002.md?p=21), the [Secretary](/usc/7/6002.md?p=21) shall refer the matter to the Attorney General for recovery of the amount assessed in the [district](/usc/7/6002.md?p=6) court of the [United States](/usc/7/6002.md?p=26) in any [district](/usc/7/6002.md?p=6) in which the [person](/usc/7/6002.md?p=17) resides or conducts business. In such action, the validity and appropriateness of such order imposing such civil penalty shall not be subject to review. ## Source credit (Pub. L. 101–624, title XIX, § 1914, Nov. 28, 1990, 104 Stat. 3851.)