to (4) Omitted
Forfeitures
Any person exceeding any quota or allotment fixed for him under this chapter by the Secretary of Agriculture and any other person knowingly participating or aiding in the exceeding of such quota or allotment shall forfeit to the United States a sum equal to the value of such excess at the current market price for such commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States.
Jurisdiction of district courts
The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any order, regulation, or agreement, heretofore or hereafter made or issued pursuant to this chapter, in any proceeding now pending or hereafter brought in said courts.
Duties of United States attorneys; investigation of violations by Secretary; hearings
Upon the request of the Secretary of Agriculture, it shall be the duty of the several United States attorneys, in their respective districts, under the directions of the Attorney General, to institute proceedings to enforce the remedies and to collect the forfeitures provided for in, or pursuant to this chapter. Whenever the Secretary, or such officer or employee of the Department of Agriculture as he may designate for the purpose, has reason to believe that any handler has violated, or is violating, the provisions of any order or amendment thereto issued pursuant to this chapter, the Secretary shall have power to institute an investigation and, after due notice to such handler, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the Attorney General for appropriate action.
Cumulative remedies
The remedies provided for in this section shall be in addition to, and not exclusive of, any of the remedies or penalties provided for elsewhere in this chapter or now or hereafter existing at law or in equity.
“Person” defined
The term “person” as used in this chapter includes an individual, partnership, corporation, association, and any other business unit.
May 12, 1933, ch. 25May 9, 1934, ch. 263, § 448 Stat. 672Aug. 24, 1935, ch. 64149 Stat. 762June 3, 1937, ch. 29650 Stat. 246June 25, 1948, ch. 646, § 162 Stat. 909Pub. L. 87–128, title I, § 141(2)75 Stat. 304(, title I, § 8a, as added , ; amended , §§ 8–10, ; , §§ 1, 2(c), , 247; , ; , , .)
Editorial Notes
Codification
act Sept. 1, 1937, ch. 89850 Stat. 916
Amendments
Pub. L. 87–1281961—Subsec. (5). struck out “willfully” after “Any person” and substituted provision for forfeiture of a sum equal to the value of the excess at the current market price for the commodity at the time of violation for provision for forfeiture of a sum equal to three times the current market value of the excess.
1937—Subsec. (6). Act , § 2(c), struck out “the provisions of this section, or of”.
1935—Subsec. (1). Act , § 8, substituted “persons engaged in handling” for “handlers” wherever appearing; struck out “or in competition with,” in par. (B); inserted “directly” before “to burden” in par. (B); and struck out “in any way” in par. (B).
Subsec. (6). Act , § 9, inserted “or” after “regulation,” and struck out “or license”.
Subsec. (7). Act , § 10, inserted last sentence.
Statutory Notes and Related Subsidiaries
Change of Name
section 541 of Title 28Act , eff. , substituted “United States attorneys” for “district attorneys” in subsec. (7). See , Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.
Validity of Section Affirmed
section 601 of this titleAct , affirmed and validated, and reenacted without change the provisions of subsections (5), (6), (7), (8), and (9) of this section, except for the amendment to subsection (6) by section 2 of the act. See note set out under .
Executive Documents
Admission of Hawaii as State
Pub. L. 86–373 Stat. 4Admission of Hawaii into the Union was accomplished , on issuance of Proc. No. 3309, , 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of , , , set out as notes preceding 491 of Title 48, Territories and Insular Possessions.