--- kind: "section" citation: "7 U.S.C. § 7448" title: "7" title_heading: "Agriculture" number: "7448" heading: "Enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/7448" units: - "Chapter 101 — Agricultural Promotion" - "Subchapter III — Canola and Rapeseed" --- # §7448. Enforcement - (a) **Jurisdiction—** The district courts of the [United States](/usc/7/7412.md?p=18) are vested with jurisdiction specifically to enforce, and to prevent and restrain any [person](/usc/7/7412.md?p=10) from violating, an [order](/usc/7/7412.md?p=9) or regulation made or issued under this subchapter. - (b) **Referral to Attorney General—** A civil action authorized to be commenced under this section shall be referred to the Attorney General for appropriate action, except that the [Secretary](/usc/7/7412.md?p=14) shall not be required to refer to the Attorney General a violation of this subchapter if the [Secretary](/usc/7/7412.md?p=14) believes that the administration and enforcement of this subchapter would be adequately served by providing a suitable written notice or warning to the [person](/usc/7/7412.md?p=10) committing the violation or by administrative action under [subsection (c)](#c). - (c) **Civil penalties and orders—** - (1) **Civil penalties—** - (A) **In general—** Any [person](/usc/7/7412.md?p=10) who willfully violates any provision of an [order](/usc/7/7412.md?p=9) or regulation issued by the [Secretary](/usc/7/7412.md?p=14) under this subchapter, or who fails or refuses to pay, collect, or remit an assessment or fee required of the [person](/usc/7/7412.md?p=10) under an [order](/usc/7/7412.md?p=9) or regulation, may be assessed— - (i) a civil penalty by the [Secretary](/usc/7/7412.md?p=14) of not more than $1,000 for each violation; and - (ii) in the case of a willful failure to pay, collect, or remit an assessment as required by an [order](/usc/7/7412.md?p=9) or regulation, an additional penalty equal to the amount of the assessment. - (B) **Separate offense—** Each violation under [subparagraph (A)](#c-1-A) shall be a separate offense. - (2) **Cease-and-desist orders—** In addition to, or in lieu of, a civil penalty under [paragraph (1)](#c-1), the [Secretary](/usc/7/7412.md?p=14) may issue an [order](/usc/7/7412.md?p=9) requiring a [person](/usc/7/7412.md?p=10) to cease and desist from continuing a violation. - (3) **Notice and hearing—** No penalty shall be assessed, or cease-and-desist [order](/usc/7/7412.md?p=9) issued, by the [Secretary](/usc/7/7412.md?p=14) under this subsection unless the [person](/usc/7/7412.md?p=10) against whom the penalty is assessed or the cease-and-desist [order](/usc/7/7412.md?p=9) is issued is given notice and opportunity for a hearing before the [Secretary](/usc/7/7412.md?p=14) with respect to the violation. - (4) **Finality—** The [order](/usc/7/7412.md?p=9) of the [Secretary](/usc/7/7412.md?p=14) assessing a penalty or imposing a cease-and-desist [order](/usc/7/7412.md?p=9) under this subsection shall be final and conclusive unless the affected [person](/usc/7/7412.md?p=10) files an appeal of the [order](/usc/7/7412.md?p=9) in the appropriate district court of the [United States](/usc/7/7412.md?p=18) in accordance with [subsection (d)](#d). - (d) **Review by district court—** - (1) **Commencement of action—** Any [person](/usc/7/7412.md?p=10) who has been determined to be in violation of this subchapter, or against whom a civil penalty has been assessed or a cease-and-desist [order](/usc/7/7412.md?p=9) issued under [subsection (c)](#c), may obtain review of the penalty or cease-and-desist [order](/usc/7/7412.md?p=9) by— - (A) filing, within the 30-day period beginning on the date the penalty is assessed or cease-and-desist [order](/usc/7/7412.md?p=9) issued, a notice of appeal in— - (i) the district court of the [United States](/usc/7/7412.md?p=18) for the district in which the [person](/usc/7/7412.md?p=10) resides or carries on business; or - (ii) the [United States](/usc/7/7412.md?p=18) District Court for the District of Columbia; and - (B) simultaneously sending a copy of the notice by certified mail to the [Secretary](/usc/7/7412.md?p=14). - (2) **Record—** The [Secretary](/usc/7/7412.md?p=14) shall file promptly, in the appropriate court referred to in [paragraph (1)](#d-1), a certified copy of the record on which the [Secretary](/usc/7/7412.md?p=14) determined that the [person](/usc/7/7412.md?p=10) committed the violation. - (3) **Standard of review—** A finding of the [Secretary](/usc/7/7412.md?p=14) under this section shall be set aside only if the finding is found to be unsupported by substantial evidence. - (e) **Failure to obey cease-and-desist orders—** Any [person](/usc/7/7412.md?p=10) who fails to obey a cease-and-desist [order](/usc/7/7412.md?p=9) issued under this section after the cease-and-desist [order](/usc/7/7412.md?p=9) has become final and unappealable, or after the appropriate [United States](/usc/7/7412.md?p=18) district court has entered a final judgment in favor of the [Secretary](/usc/7/7412.md?p=14), shall be subject to a civil penalty assessed by the [Secretary](/usc/7/7412.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 $5,000 for each offense. Each day during which the failure continues shall be considered as a separate violation of the cease-and-desist [order](/usc/7/7412.md?p=9). - (f) **Failure to pay penalties—** If a [person](/usc/7/7412.md?p=10) fails to pay an assessment of a civil penalty under this section after the assessment has become a final and unappealable [order](/usc/7/7412.md?p=9), or after the appropriate [United States](/usc/7/7412.md?p=18) district court has entered final judgment in favor of the [Secretary](/usc/7/7412.md?p=14), the [Secretary](/usc/7/7412.md?p=14) shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the [United States](/usc/7/7412.md?p=18) for any district in which the [person](/usc/7/7412.md?p=10) resides or carries on business. In an action for recovery, the validity and appropriateness of the final [order](/usc/7/7412.md?p=9) imposing the civil penalty shall not be subject to review. - (g) **Additional remedies—** The remedies provided in this subchapter shall be in addition to, and not exclusive of, other remedies that may be available. ## Source credit (Pub. L. 104–127, title V, § 539, Apr. 4, 1996, 110 Stat. 1061.)