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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 7 U.S.C. § 3805 Civil penalties us united_states_code code_section 7 AGRICULTURE 69 SWINE HEALTH PROTECTION 3805 7 U.S.C. § 3805 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip /us/usc/t7/s3805 data/legal/raw/us/code/title-07/usc07.xml 0db542d18ebb6e8081a6a8ec87eba9ef12bfa838e1833cc02957e18e8a643f2e 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 bddbcfcb55303901c836b230d40ca0c53056593bfa9ff4521102b4485c60157f 2026-07-04 official
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7 U.S.C. § 3805 - Civil penalties

Text

(a) Assessment by Secretary Any person who the Secretary determines, after notice and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, is violating or has violated any provision of this chapter or any regulation of the Secretary issued hereunder, other than a violation for which a criminal penalty has been imposed under this chapter, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. Each offense shall be a separate violation. The amount of such civil penalty shall be assessed by the Secretary by written order, taking into account the gravity of the violation, degree of culpability, and history of prior offenses; and may be reviewed only as provided in subsection (b) of this section.

(b) Judicial review The determination and order of the Secretary with respect thereto imposing a civil penalty under this section shall be final and conclusive unless the person against whom such an order is issued files application for judicial review within sixty days after entry of such order in the appropriate United States court of appeals in accordance with the provisions of sections 2341, 2343 through 2350 of title 28, and such court shall have jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretarys order. Judicial review of any such order shall be upon the record upon which the determination and order are based.

(c) Collection action by Attorney General If any person fails to pay a civil penalty under a final order of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall institute a civil action to recover the amount assessed in any appropriate district court of the United States. In such collection action, the validity and appropriateness of the Secretarys order imposing the civil penalty shall not be subject to review.

(d) Payment into United States Treasury All penalties collected under authority of this section shall be paid into the Treasury of the United States.

(e) Compromise, modification, or remittance The Secretary may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this chapter.

(Pub. L. 96468, § 6, Oct. 17, 1980, 94 Stat. 2231.)