--- kind: "section" citation: "7 U.S.C. § 6411" title: "7" title_heading: "Agriculture" number: "6411" heading: "Enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/6411" units: - "Chapter 93 — Processor-Funded Milk Promotion Program" --- # §6411. Enforcement - (a) **Jurisdiction—** The several district courts of the [United States](/usc/7/6402.md?p=8) are vested with jurisdiction specifically to enforce, and to prevent and restrain any [person](/usc/7/499a.md?p=b-1) from violating, any order or regulation made or issued 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/7/6402.md?p=7) 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/7/6402.md?p=7) believes that the administration and enforcement of this chapter would be adequately served by providing a suitable written notice or warning to the [person](/usc/7/499a.md?p=b-1) who committed such violation or by administrative action under [subsection (c)](#c). - (c) **Civil penalties and orders—** - (1) **Civil penalties—** Any [person](/usc/7/499a.md?p=b-1) who violates any provision of any order or regulation issued by the [Secretary](/usc/7/6402.md?p=7) under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the [person](/usc/7/499a.md?p=b-1) under the order or regulations, may be assessed— - (A) a civil penalty by the [Secretary](/usc/7/6402.md?p=7) of not less than $500 nor more than $5,000 for each such violation; or - (B) in the case of a willful failure or refusal to pay, collect, or remit any assessment or fee duly required of the [person](/usc/7/499a.md?p=b-1) under this chapter or a regulation issued under this chapter, a civil penalty by the [Secretary](/usc/7/6402.md?p=7) of not less than $10,000 nor more than $100,000 for each such violation. Each violation shall be a separate offense. - (2) **Cease-and-desist orders—** In addition to, or in lieu of, a civil penalty, the [Secretary](/usc/7/6402.md?p=7) may issue an order requiring the [person](/usc/7/499a.md?p=b-1) 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/7/6402.md?p=7) unless the [person](/usc/7/499a.md?p=b-1) against whom the penalty is assessed or the order issued is given notice and opportunity for a hearing before the [Secretary](/usc/7/6402.md?p=7) with respect to such violation. - (4) **Finality—** The order of the [Secretary](/usc/7/6402.md?p=7) assessing a penalty or imposing a cease-and-desist order shall be final and conclusive unless the affected [person](/usc/7/499a.md?p=b-1) files an appeal from the [Secretary](/usc/7/6402.md?p=7)’s order with the appropriate district court of the [United States](/usc/7/6402.md?p=8) in accordance with [subsection (d)](#d). - (d) **Review by district court—** - (1) **Commencement of action—** Any [person](/usc/7/499a.md?p=b-1) 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 the penalty is assessed or order issued, a notice of appeal in— - (i) the district court of the [United States](/usc/7/6402.md?p=8) for the district in which the [person](/usc/7/499a.md?p=b-1) resides or carries on business; or - (ii) the [United States](/usc/7/6402.md?p=8) District Court for the District of Columbia; and - (B) simultaneously sending a copy of the notice by certified mail to the [Secretary](/usc/7/6402.md?p=7). - (2) **Record—** The [Secretary](/usc/7/6402.md?p=7) shall file promptly in such court a certified copy of the record on which the [Secretary](/usc/7/6402.md?p=7) found that the [person](/usc/7/499a.md?p=b-1) had committed a violation. - (3) **Standard of review—** A finding of the [Secretary](/usc/7/6402.md?p=7) shall be set aside only if the finding is found to be unsupported by substantial evidence. - (e) **Failure to obey orders—** Any [person](/usc/7/499a.md?p=b-1) who fails to obey a cease-and-desist order after the order has become final and unappealable, or after the appropriate [United States](/usc/7/6402.md?p=8) district court has entered a final judgment in favor of the [Secretary](/usc/7/6402.md?p=7), shall be subject to a civil penalty assessed by the [Secretary](/usc/7/6402.md?p=7), after opportunity for a hearing and for judicial review under the procedures specified in subsections [(c)](#c) and [(d)](#d), of not more than $5,000 for each offense. Each day during which the failure continues shall be considered as a separate violation of such order. - (f) **Failure to pay penalties—** If any [person](/usc/7/499a.md?p=b-1) fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate [United States](/usc/7/6402.md?p=8) district court has entered final judgment in favor of the [Secretary](/usc/7/6402.md?p=7), the [Secretary](/usc/7/6402.md?p=7) shall refer the matter to the Attorney General for recovery of the amount assessed in the district court in which the [person](/usc/7/499a.md?p=b-1) resides or conducts business. In the action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. - (g) **Additional remedies—** The remedies provided in this chapter shall be in addition to, and not exclusive of, other remedies that may be available. ## Source credit (Pub. L. 101–624, title XIX, § 1999L, Nov. 28, 1990, 104 Stat. 3922; Pub. L. 102–237, title VIII, § 809, Dec. 13, 1991, 105 Stat. 1883.) ## Notes ### Editorial Notes ### Amendments 1991—Subsec. (b). Pub. L. 102–237 substituted “this section” for “this subsection” after “brought under”.