7 U.S.C. § 2908
Section 2908 · Enforcement
Amended 3 times on record
Applied in 8 court decisions — leading case United States v. Frame (1989)
Most recently applied in Orleans International, Inc. v. United States (July 2003)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
If the Secretary believes that the administration and enforcement of this chapter or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may—
(1) issue an order to restrain or prevent a person from violating an order; and
(2) assess a civil penalty of not more than $5,000 for violation of such order.
The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation made or issued under this chapter.
A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1985—Pub. L. 99–198 amended section generally, substituting provisions relating to enforcement for provisions relating to referendum and cattle producer approval of orders, reimbursement of expenses by Secretary, procedural requirements, and bonding requirements.
1978—Pub. L. 95–334 substituted “a majority” for “not less than two-thirds”.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.