US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 1638b

Enforcement

(a)

Warnings

section 1638a of this titleIf the Secretary determines that a retailer or person engaged in the business of supplying a covered commodity to a retailer is in violation of , the Secretary shall—
(1)
1
1 So in original. Probably should be “retailer or person”.
notify the retailer  of the determination of the Secretary; and
(2)
111section 1638a of this title provide the retailer  a 30-day period, beginning on the date on which the retailer  receives the notice under paragraph (1) from the Secretary, during which the retailer  may take necessary steps to comply with .
(b)

Fines

If, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person engaged in the business of supplying a covered commodity to a retailer has—
(1)
section 1638a of this title not made a good faith effort to comply with , and
(2)
section 1638a of this title continues to willfully violate with respect to the violation about which the retailer or person received notification under subsection (a)(1),
after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer or person in an amount of not more than $1,000 for each violation.

Aug. 14, 1946, ch. 966Pub. L. 107–171, title X, § 10816116 Stat. 535Pub. L. 110–234, title XI, § 11002(3)122 Stat. 1354Pub. L. 110–246, § 4(a)122 Stat. 1664(, title II, § 283, as added , , ; amended , , ; , title XI, § 11002(3), , , 2116.)

Editorial Notes

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Amendments

Pub. L. 110–246, § 11002(3)section 1636b of this titlesection 1638a of this title2008—, redesignated subsec. (b) as (a) and substituted “retailer or person engaged in the business of supplying a covered commodity to a retailer” for “retailer” in introductory provisions, added subsec. (b), and struck out former subsecs. (a) and (c) which related to applicability of to a violation of this subchapter and fine for violation of . The substitution in subsec. (a) was made for “retailer” the first time appearing to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under .