--- kind: "section" citation: "7 U.S.C. § 7807" title: "7" title_heading: "Agriculture" number: "7807" heading: "Enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/7807" units: - "Chapter 105 — Hass Avocado Promotion, Research, and Information" --- # §7807. Enforcement - (a) **Jurisdiction—** A district court of the [United States](/usc/7/7802.md?p=17) shall have jurisdiction to enforce, and to prevent and restrain any [person](/usc/7/7802.md?p=11) from violating, this chapter or an [order](/usc/7/7802.md?p=10) or regulation issued by the [Secretary](/usc/7/7802.md?p=15) under this chapter. - (b) **Referral to Attorney General—** A civil action brought under [subsection (a)](#a) shall be referred to the Attorney General for appropriate action, except that the [Secretary](/usc/7/7802.md?p=15) is not required to refer to the Attorney General a violation of this chapter, or an [order](/usc/7/7802.md?p=10) or regulation issued under this chapter, if the [Secretary](/usc/7/7802.md?p=15) 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/7/7802.md?p=11) who committed or is committing the violation. - (c) **Civil penalties and orders—** - (1) **Civil penalties—** - (A) **In general—** A [person](/usc/7/7802.md?p=11) who violates a provision of this chapter, or an [order](/usc/7/7802.md?p=10) or regulation issued by the [Secretary](/usc/7/7802.md?p=15) under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee required of the [person](/usc/7/7802.md?p=11) under an [order](/usc/7/7802.md?p=10) or regulation issued under this chapter, may be assessed by the [Secretary](/usc/7/7802.md?p=15)— - (i) a civil penalty of not less than $1,000 nor more than $10,000 for each violation; and - (ii) in the case of a willful failure to remit an assessment as required by an [order](/usc/7/7802.md?p=10) or regulation, an additional penalty equal to the amount of the assessment. - (B) **Separate offenses—** Each violation 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/7/7802.md?p=15) may issue an [order](/usc/7/7802.md?p=10) requiring a [person](/usc/7/7802.md?p=11) to cease and desist from continuing a violation of this chapter, or an [order](/usc/7/7802.md?p=10) or regulation issued under this chapter. - (3) **Notice and hearing—** No penalty shall be assessed, or cease and desist [order](/usc/7/7802.md?p=10) issued, by the [Secretary](/usc/7/7802.md?p=15) under this subsection unless the [Secretary](/usc/7/7802.md?p=15) gives the [person](/usc/7/7802.md?p=11) against whom the penalty is assessed or the [order](/usc/7/7802.md?p=10) is issued notice and opportunity for a hearing before the [Secretary](/usc/7/7802.md?p=15) with respect to the violation. Any such hearing shall be conducted in accordance with [section 7808(b)(2) of this title](/usc/7/7808.md?p=b-2) and shall be held within the [United States](/usc/7/7802.md?p=17) judicial district in which the residence or principal place of business of the [person](/usc/7/7802.md?p=11) is located. - (4) **Finality—** The penalty assessed or cease and desist [order](/usc/7/7802.md?p=10) issued under this subsection shall be final and conclusive unless the [person](/usc/7/7802.md?p=11) against whom the penalty is assessed or the [order](/usc/7/7802.md?p=10) is issued files an appeal with the appropriate district court of the [United States](/usc/7/7802.md?p=17) in accordance with [subsection (d)](#d). - (d) **Review by district court—** - (1) **Commencement of action—** - (A) **In general—** Any [person](/usc/7/7802.md?p=11) against whom a violation is found and a civil penalty is assessed or a cease and desist [order](/usc/7/7802.md?p=10) is issued under [subsection (c)](#c) may obtain review of the penalty or [order](/usc/7/7802.md?p=10) by, within the 30-day period beginning on the date the penalty is assessed or the [order](/usc/7/7802.md?p=10) is issued— - (i) filing a notice of appeal in the district court of the [United States](/usc/7/7802.md?p=17) for the district in which the [person](/usc/7/7802.md?p=11) resides or conducts business, or in the [United States](/usc/7/7802.md?p=17) District Court for the District of Columbia; and - (ii) sending a copy of the notice by certified mail to the [Secretary](/usc/7/7802.md?p=15). - (B) **Copy of record—** The [Secretary](/usc/7/7802.md?p=15) shall promptly file in the court a certified copy of the record on which the [Secretary](/usc/7/7802.md?p=15) found that the [person](/usc/7/7802.md?p=11) had committed a violation. - (2) **Standard of review—** A finding of the [Secretary](/usc/7/7802.md?p=15) shall be set aside under this subsection only if the finding is found to be unsupported by substantial evidence. - (e) **Failure to obey an order—** - (1) **In general—** A [person](/usc/7/7802.md?p=11) who fails to obey a cease and desist [order](/usc/7/7802.md?p=10) issued under [subsection (c)](#c) after the [order](/usc/7/7802.md?p=10) has become final and unappealable, or after the appropriate [United States](/usc/7/7802.md?p=17) district court had entered a final judgment in favor of the [Secretary](/usc/7/7802.md?p=15) of not more than $10,000 for each offense, after opportunity for a hearing and for judicial review under the procedures specified in subsections [(c)](#c) and [(d)](#d). - (2) **Separate violations—** Each day during which the [person](/usc/7/7802.md?p=11) fails to obey an [order](/usc/7/7802.md?p=10) described in [paragraph (1)](#e-1) shall be considered as a separate violation of the [order](/usc/7/7802.md?p=10). - (f) **Failure to pay a penalty—** - (1) **In general—** If a [person](/usc/7/7802.md?p=11) fails to pay a civil penalty assessed under subsection [(c)](#c) or [(e)](#e) after the penalty has become final and unappealable, or after the appropriate [United States](/usc/7/7802.md?p=17) district court has entered final judgment in favor of the [Secretary](/usc/7/7802.md?p=15), the [Secretary](/usc/7/7802.md?p=15) shall refer the matter to the Attorney General for recovery of the amount assessed in any [United States](/usc/7/7802.md?p=17) district court in which the [person](/usc/7/7802.md?p=11) resides or conducts business. - (2) **Scope of review—** In an action by the Attorney General under [paragraph (1)](#f-1), the validity and appropriateness of a 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. 106–387, § 1(a) [title XII, § 1208], Oct. 28, 2000, 114 Stat. 1549, 1549A–93.)