---
kind: "section"
citation: "7 U.S.C. § 4314"
title: "7"
title_heading: "Agriculture"
number: "4314"
heading: "Enforcement of provisions"
release: "119-102"
url: "https://uscodex.org/usc/7/4314"
units:
  - "Chapter 74 — Floral Research and Consumer Information"
---

# §4314. Enforcement of provisions

- (a) The several district courts of the [United States](/usc/7/4302.md?p=8) are vested with jurisdiction specifically to enforce, and to prevent and restrain any [person](/usc/7/4302.md?p=2) from violating, any [order](/usc/7/2902.md?p=10) or regulation made or issued pursuant to this chapter. Any civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action: Provided, That nothing in this chapter shall be construed as requiring the [Secretary](/usc/7/4302.md?p=1) to refer to the Attorney General violations of this chapter whenever the [Secretary](/usc/7/4302.md?p=1) believes that the administration and enforcement of the program would be adequately served by administrative action pursuant to [subsection (b)](#b) of this section or suitable written notice or warning to any [person](/usc/7/4302.md?p=2) committing such violations.
- (b)
  - (1) Any [person](/usc/7/4302.md?p=2) who violates any provisions of any [order](/usc/7/2902.md?p=10) or regulation issued by the [Secretary](/usc/7/4302.md?p=1) pursuant to this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required thereunder, may be assessed a civil penalty by the [Secretary](/usc/7/4302.md?p=1) of not less than $500 or more than $5,000 for each such violation. Each violation shall be a separate offense. In addition to or in lieu of such civil penalty the [Secretary](/usc/7/4302.md?p=1) may issue an [order](/usc/7/2902.md?p=10) requiring such [person](/usc/7/4302.md?p=2) to cease and desist from continuing such violation or violations. No penalty may be assessed or cease and desist [order](/usc/7/2902.md?p=10) issued unless such [person](/usc/7/4302.md?p=2) is given notice and opportunity for a hearing before the [Secretary](/usc/7/4302.md?p=1) with respect to such violation. The [order](/usc/7/2902.md?p=10) of the [Secretary](/usc/7/4302.md?p=1) assessing a penalty or imposing a cease and desist [order](/usc/7/2902.md?p=10) shall be final and conclusive unless the affected [person](/usc/7/4302.md?p=2) files an appeal from the [Secretary](/usc/7/4302.md?p=1)’s [order](/usc/7/2902.md?p=10) with the appropriate [United States](/usc/7/4302.md?p=8) court of appeals.
  - (2) Any [person](/usc/7/4302.md?p=2) against whom a violation is found and a civil penalty assessed or cease and desist [order](/usc/7/2902.md?p=10) issued under paragraph (1) of this subsection may obtain review in the court of appeals of the [United States](/usc/7/4302.md?p=8) for the circuit in which such [person](/usc/7/4302.md?p=2) resides or carries on business or in the [United States](/usc/7/4302.md?p=8) Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within thirty days from the date of such [order](/usc/7/2902.md?p=10) and by simultaneously sending a copy of such notice by certified mail to the [Secretary](/usc/7/4302.md?p=1). The [Secretary](/usc/7/4302.md?p=1) shall promptly file in such court a certified copy of the record upon which such violation was found. The findings of the [Secretary](/usc/7/4302.md?p=1) shall be set aside only if found to be unsupported by substantial evidence.
  - (3) Any [person](/usc/7/4302.md?p=2) who fails to obey a cease and desist [order](/usc/7/2902.md?p=10) after it has become final and unappealable, or after the appropriate court of appeals has entered final judgment in favor of the [Secretary](/usc/7/4302.md?p=1), shall be subject to a civil penalty assessed by the [Secretary](/usc/7/4302.md?p=1), after opportunity for a hearing and for judicial review pursuant to the procedures specified in paragraphs (1) and (2) of this subsection, of not more than $500 for each offense, and each day during which such failure continues shall be deemed a separate offense.
  - (4) If any [person](/usc/7/4302.md?p=2) fails to pay an assessment of a civil penalty after it has become a final and unappealable [order](/usc/7/2902.md?p=10), or after the appropriate court of appeals has entered final judgment in favor of the [Secretary](/usc/7/4302.md?p=1), the [Secretary](/usc/7/4302.md?p=1) shall refer the matter to the Attorney General who shall recover the amount assessed in any appropriate district court of the [United States](/usc/7/4302.md?p=8). In such action, the validity and appropriateness of the final [order](/usc/7/2902.md?p=10) imposing the civil penalty shall not be subject to review.

## Source credit

(Pub. L. 97–98, title XVII, § 1715, Dec. 22, 1981, 95 Stat. 1356.)