--- kind: "section" citation: "7 U.S.C. § 6107" title: "7" title_heading: "Agriculture" number: "6107" heading: "Enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/6107" units: - "Chapter 90 — Mushroom Promotion, Research, and Consumer Information" --- # §6107. Enforcement - (a) **Jurisdiction—** The several district courts of the [United States](/usc/7/6102.md?p=15) are vested with jurisdiction specifically to enforce, and to prevent and restrain any [person](/usc/7/6102.md?p=10) from violating, any order or regulation made or issued by the [Secretary](/usc/7/6102.md?p=14) under this chapter. - (b) **Referral to Attorney General—** A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the [Secretary](/usc/7/6102.md?p=14) is not required to refer to the Attorney General a violation of this chapter, or any order or regulation issued under this chapter, if the [Secretary](/usc/7/6102.md?p=14) believes that the administration and enforcement of this chapter would be adequately served by administrative action under [subsection (c)](#c) or suitable written notice or warning to the [person](/usc/7/6102.md?p=10) who committed or is committing the violation. - (c) **Civil penalties and orders—** - (1) **Civil penalties—** A [person](/usc/7/6102.md?p=10) who willfully violates a provision of any order or regulation issued by the [Secretary](/usc/7/6102.md?p=14) under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the [person](/usc/7/6102.md?p=10) under such order or regulation, may be assessed a civil penalty by the [Secretary](/usc/7/6102.md?p=14) of not less than $500 nor more than $5,000 for each such violation. Each violation shall be a separate offense. - (2) **Cease-and-desist orders—** In addition to or in lieu of such civil penalty, the [Secretary](/usc/7/6102.md?p=14) may issue an order requiring such [person](/usc/7/6102.md?p=10) 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/7/6102.md?p=14) under this subsection unless the [Secretary](/usc/7/6102.md?p=14) gives the [person](/usc/7/6102.md?p=10) against whom the penalty is assessed or the order is issued notice and opportunity for a hearing before the [Secretary](/usc/7/6102.md?p=14) with respect to such violation. - (4) **Finality—** The penalty assessed or cease and desist order issued under this subsection shall be final and conclusive unless the [person](/usc/7/6102.md?p=10) against whom the penalty is assessed or the order is issued files an appeal with the appropriate district court of the [United States](/usc/7/6102.md?p=15) in accordance with [subsection (d)](#d). - (d) **Review by district court—** - (1) **Commencement of action—** Any [person](/usc/7/6102.md?p=10) against whom a violation is found and a civil penalty assessed or cease and desist order issued under [subsection (c)](#c) may obtain review of the penalty or order by— - (A) filing, within the 30-day period beginning on the date such penalty is assessed or order issued, a notice of appeal in the district court of the [United States](/usc/7/6102.md?p=15) for the district in which such [person](/usc/7/6102.md?p=10) resides or does business, or in the [United States](/usc/7/6102.md?p=15) District Court for the District of Columbia; and - (B) simultaneously sending a copy of the notice by certified mail to the [Secretary](/usc/7/6102.md?p=14). - (2) **Record—** The [Secretary](/usc/7/6102.md?p=14) shall promptly file in such court a certified copy of the record on which the [Secretary](/usc/7/6102.md?p=14) found that the [person](/usc/7/6102.md?p=10) had committed a violation. - (3) **Standard of review—** A finding of the [Secretary](/usc/7/6102.md?p=14) shall be set aside only if the finding is found to be unsupported by substantial evidence. - (e) **Failure to obey orders—** A [person](/usc/7/6102.md?p=10) who fails to obey a cease and desist order after the order has become final and unappealable, or after the appropriate [United States](/usc/7/6102.md?p=15) district court has entered a final judgment in favor of the [Secretary](/usc/7/6102.md?p=14), shall be subject to a civil penalty assessed by the [Secretary](/usc/7/6102.md?p=14), after opportunity for a hearing and for judicial review under the procedures specified in subsections [(c)](#c) and [(d)](#d), of not more than $500 for each offense. Each day during which such failure continues shall be considered as a separate violation of such order. - (f) **Failure to pay penalties—** If a [person](/usc/7/6102.md?p=10) fails to pay an assessment of a civil penalty after it has become final and unappealable, or after the appropriate [United States](/usc/7/6102.md?p=15) district court has entered final judgment in favor of the [Secretary](/usc/7/6102.md?p=14), the [Secretary](/usc/7/6102.md?p=14) shall refer the matter to the Attorney General for recovery of the amount assessed in any district court in which the [person](/usc/7/6102.md?p=10) resides or conducts business. In such action, the validity and appropriateness of such civil penalty shall not be subject to review. ## Source credit (Pub. L. 101–624, title XIX, § 1928, Nov. 28, 1990, 104 Stat. 3863; Pub. L. 102–237, title VIII, § 803(2), Dec. 13, 1991, 105 Stat. 1882.) ## Notes ### Editorial Notes ### Amendments 1991—Subsec. (d)(1)(A). Pub. L. 102–237 substituted “United States District Court” for “United States district court”.