--- kind: "section" citation: "7 U.S.C. § 7107" title: "7" title_heading: "Agriculture" number: "7107" heading: "Enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/7107" units: - "Chapter 99 — Sheep Promotion, Research, and Information" --- # §7107. Enforcement - (a) **Jurisdiction—** Each district court of the [United States](/usc/7/7102.md?p=30) shall have jurisdiction specifically to enforce, and to prevent and restrain a [person](/usc/7/7102.md?p=16) from violating, an [order](/usc/7/7102.md?p=15) or regulation 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/7/7102.md?p=25) is not required to refer to the Attorney General a violation of this chapter, if the [Secretary](/usc/7/7102.md?p=25) 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/7/7102.md?p=16) who committed the violation or by an administrative action under [section 7106 of this title](/usc/7/7106.md). - (c) **Civil penalties and orders—** - (1) **Civil penalties—** A [person](/usc/7/7102.md?p=16) who willfully violates an [order](/usc/7/7102.md?p=15) or regulation issued by the [Secretary](/usc/7/7102.md?p=25) under this chapter may be assessed by the [Secretary](/usc/7/7102.md?p=25)— - (A) a civil penalty of not more than $1,000 for each such violation; and - (B) in the case of a willful failure to pay, collect, or remit an assessment as required by the [order](/usc/7/7102.md?p=15), an additional penalty equal to the amount of the assessment. - (2) **Separate offense—** Each violation shall be a separate offense. - (3) **Cease-and-desist orders—** In addition to, or in lieu of, the civil penalty, the [Secretary](/usc/7/7102.md?p=25) may issue an [order](/usc/7/7102.md?p=15) requiring the [person](/usc/7/7102.md?p=16) to cease and desist from violating the [order](/usc/7/7102.md?p=15) or regulation. - (4) **Notice and hearing—** No [order](/usc/7/7102.md?p=15) assessing a penalty or cease-and-desist [order](/usc/7/7102.md?p=15) may be issued by the [Secretary](/usc/7/7102.md?p=25) under this subsection unless the [Secretary](/usc/7/7102.md?p=25) provides notice and an opportunity for a hearing on the record with respect to the violation. - (5) **Finality—** An [order](/usc/7/7102.md?p=15) assessing a penalty or a cease-and-desist [order](/usc/7/7102.md?p=15) issued under this subsection by the [Secretary](/usc/7/7102.md?p=25) shall be final and conclusive unless the [person](/usc/7/7102.md?p=16) against whom the [order](/usc/7/7102.md?p=15) is issued files an appeal from the [order](/usc/7/7102.md?p=15) with the [United States](/usc/7/7102.md?p=30) court of appeals, as provided in [subsection (d)](#d), not later than 30 days after the [person](/usc/7/7102.md?p=16) receives notice of the [order](/usc/7/7102.md?p=15). - (d) **Review by court of appeals—** - (1) **In general—** A [person](/usc/7/7102.md?p=16) against whom an [order](/usc/7/7102.md?p=15) is issued under [subsection (c)](#c) may obtain review of the [order](/usc/7/7102.md?p=15) by— - (A) filing, not later than 30 days after the date of the [order](/usc/7/7102.md?p=15), a notice of appeal in— - (i) the [United States](/usc/7/7102.md?p=30) court of appeals for the circuit in which the [person](/usc/7/7102.md?p=16) resides or carries on business; or - (ii) the [United States](/usc/7/7102.md?p=30) Court of Appeals for the District of Columbia Circuit; and - (B) simultaneously sending a copy of the notice of appeal by certified mail to the [Secretary](/usc/7/7102.md?p=25). - (2) **Record—** The [Secretary](/usc/7/7102.md?p=25) shall file promptly in the court a certified copy of the record on which the [Secretary](/usc/7/7102.md?p=25) has determined that the [person](/usc/7/7102.md?p=16) has committed a violation. - (3) **Standard of review—** A finding of the [Secretary](/usc/7/7102.md?p=25) under this section shall be set aside only if the finding is found to be unsupported by substantial evidence. - (e) **Failure to obey orders—** A [person](/usc/7/7102.md?p=16) who fails to obey a valid cease-and-desist [order](/usc/7/7102.md?p=15) issued by the [Secretary](/usc/7/7102.md?p=25) under this section, after an opportunity for a hearing, shall be subject to a civil penalty assessed by the [Secretary](/usc/7/7102.md?p=25) of not more than $500 for each offense. Each day during which the failure continues shall be considered to be a separate violation of the [order](/usc/7/7102.md?p=15). - (f) **Failure to pay penalties—** If a [person](/usc/7/7102.md?p=16) fails to pay a valid civil penalty imposed under this section by the [Secretary](/usc/7/7102.md?p=25), the [Secretary](/usc/7/7102.md?p=25) shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the [United States](/usc/7/7102.md?p=30) for any district in which the [person](/usc/7/7102.md?p=16) resides or carries on business. In the action, the validity and appropriateness of the [order](/usc/7/7102.md?p=15) imposing the civil penalty shall not be subject to review. - (g) **Additional remedies—** The remedies provided in this section shall be in addition to, and not exclusive of, other remedies that may be available. ## Source credit (Pub. L. 103–407, § 8, Oct. 22, 1994, 108 Stat. 4224.)