--- kind: "section" citation: "7 U.S.C. § 7468" title: "7" title_heading: "Agriculture" number: "7468" heading: "Enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/7468" units: - "Chapter 101 — Agricultural Promotion" - "Subchapter IV — Kiwifruit" --- # §7468. Enforcement - (a) **Jurisdiction—** A district court of the [United States](/usc/7/7462.md?p=15) shall have jurisdiction specifically to enforce, and to prevent and restrain any [person](/usc/7/7462.md?p=9) from violating, any [order](/usc/7/7462.md?p=8) or regulation made or issued by the [Secretary](/usc/7/7462.md?p=14) under this subchapter. - (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/7/7462.md?p=14) is not required to refer to the Attorney General a violation of this subchapter, or any [order](/usc/7/7462.md?p=8) or regulation issued under this subchapter, if the [Secretary](/usc/7/7462.md?p=14) believes that the administration and enforcement of this subchapter would be adequately served by administrative action under [subsection (c)](#c) or suitable written notice or warning to the [person](/usc/7/7462.md?p=9) committing the violation. - (c) **Civil penalties and orders—** - (1) **Civil penalties—** Any [person](/usc/7/7462.md?p=9) who willfully violates any provision of any [order](/usc/7/7462.md?p=8) or regulation issued by the [Secretary](/usc/7/7462.md?p=14) under this subchapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the [person](/usc/7/7462.md?p=9) under the [order](/usc/7/7462.md?p=8) or regulation, may be assessed a civil penalty by the [Secretary](/usc/7/7462.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 the civil penalty, the [Secretary](/usc/7/7462.md?p=14) may issue an [order](/usc/7/7462.md?p=8) requiring the [person](/usc/7/7462.md?p=9) to cease and desist from continuing the violation. - (3) **Notice and hearing—** No [order](/usc/7/7462.md?p=8) assessing a civil penalty or cease-and-desist [order](/usc/7/7462.md?p=8) may be issued by the [Secretary](/usc/7/7462.md?p=14) under this subsection unless the [Secretary](/usc/7/7462.md?p=14) gives the [person](/usc/7/7462.md?p=9) against whom the [order](/usc/7/7462.md?p=8) is issued notice and opportunity for a hearing on the record before the [Secretary](/usc/7/7462.md?p=14) with respect to the violation. - (4) **Finality—** The [order](/usc/7/7462.md?p=8) of the [Secretary](/usc/7/7462.md?p=14) assessing a penalty or imposing a cease-and-desist [order](/usc/7/7462.md?p=8) shall be final and conclusive unless the [person](/usc/7/7462.md?p=9) against whom the [order](/usc/7/7462.md?p=8) is issued files an appeal of the [order](/usc/7/7462.md?p=8) in the appropriate district court of the [United States](/usc/7/7462.md?p=15), in accordance with [subsection (d)](#d). - (d) **Review by United States district court—** - (1) **Commencement of action—** Any [person](/usc/7/7462.md?p=9) against whom a violation is found and a civil penalty assessed or cease-and-desist [order](/usc/7/7462.md?p=8) issued under [subsection (c)](#c) may obtain review of the penalty or cease-and-desist [order](/usc/7/7462.md?p=8) in the district court of the [United States](/usc/7/7462.md?p=15) for the district in which the [person](/usc/7/7462.md?p=9) resides or carries on business, or the [United States](/usc/7/7462.md?p=15) District Court for the District of Columbia, by— - (A) filing a notice of appeal in the court not later than 30 days after the date on which the penalty is assessed or cease-and-desist [order](/usc/7/7462.md?p=8) issued; and - (B) simultaneously sending a copy of the notice by certified mail to the [Secretary](/usc/7/7462.md?p=14). - (2) **Record—** The [Secretary](/usc/7/7462.md?p=14) shall promptly file in the court a certified copy of the record on which the [Secretary](/usc/7/7462.md?p=14) found that the [person](/usc/7/7462.md?p=9) committed the violation. - (3) **Standard of review—** A finding of the [Secretary](/usc/7/7462.md?p=14) 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/7/7462.md?p=9) who fails to obey a cease-and-desist [order](/usc/7/7462.md?p=8) issued by the [Secretary](/usc/7/7462.md?p=14) after the cease-and-desist [order](/usc/7/7462.md?p=8) has become final and unappealable, or after the appropriate [United States](/usc/7/7462.md?p=15) district court has entered a final judgment in favor of the [Secretary](/usc/7/7462.md?p=14), shall be subject to a civil penalty assessed by the [Secretary](/usc/7/7462.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 the failure continues shall be considered a separate violation of the cease-and-desist [order](/usc/7/7462.md?p=8). - (f) **Failure to pay penalties—** If a [person](/usc/7/7462.md?p=9) fails to pay an assessment of a civil penalty after the assessment has become a final and unappealable [order](/usc/7/7462.md?p=8) issued by the [Secretary](/usc/7/7462.md?p=14), or after the appropriate [United States](/usc/7/7462.md?p=15) district court has entered final judgment in favor of the [Secretary](/usc/7/7462.md?p=14), the [Secretary](/usc/7/7462.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/7/7462.md?p=15) for any district in which the [person](/usc/7/7462.md?p=9) resides or carries on business. In an action for recovery, the validity and appropriateness of the final [order](/usc/7/7462.md?p=8) imposing the civil penalty shall not be subject to review. ## Source credit (Pub. L. 104–127, title V, § 559, Apr. 4, 1996, 110 Stat. 1071.)