Page:United States Statutes at Large Volume 113 Part 2.djvu/183

 PUBLIC LAW 106-78—OCT. 22, 1999 113 STAT. 1203 the matter to the Attorney General who may recover the penalty by an action in United States district court. "(2) FINALITY.—In the action, the final order of the Secretary shall not be subject to review. "(f) INJUNCTION OR RESTRAINING ORDER. — "(1) IN GENERAL. — If the Secretary has reason to believe that any person subject to this subtitle has failed or refused to provide the Secretary information required to be reported pursuant to this subtitle, and that it would be in the public interest to enjoin the person from further failure to comply with the reporting requirements, the Secretary may notify the Attorney General of the failure. "(2) ATTORNEY GENERAL. —The Attorney General may apply to the appropriate district court of the United States for a temporary or permanent injunction or restraining order. "(3) COURT. — When needed to carry out this subtitle, the court shall, on a proper showing, issue a temporary injunction or restraining order without bond. "(g) FAILURE TO OBEY ORDERS. — "(1) IN GENERAL.— I f a person subject to this subtitle fails to obey a cease and desist or civil penalty order issued under this subsection after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate district court for enforcement of the order. "(2) ENFORCEMENT. —If the court determines that the order was lawfully made and duly served and that the person violated the order, the court shall enforce the order. "(3) CIVIL PENALTY. — If the court finds that the person violated the cease and desist provisions of the order, the person shall be subject to a civil penalty of not more than $10,000 for each offense. " SEC. 254. FEES. 'The Secretary shall not charge or assess a user fee, transaction fee, service charge, assessment, reimbursement, or any other fee for the submission or reporting of information, for the receipt or availability of, or access to, published reports or information, or for any other activity required under this subtitle. "SEC. 255. RECORDKEEPING. " (a) IN GENERAL.—Subject to subsection (b), each packer required to report information to the Secretary under this subtitle shall maintain, and make available to the Secretary on request, for 2 years— "(1) the original contracts, agreements, receipts and other records associated with any transaction relating to the purchase, sale, pricing, transportation, delivery, weighing, slaughter, or carcass characteristics of all livestock; and "(2) such records or other information as is necessary or appropriate to verify the accuracy of the information required to be reported under this subtitle. "(b) LIMITATIONS. — Under subsection (a)(2), the Secretary may not require a packer to provide new or additional information if— "(1) the information is not generally available or maintained by packers; or 7 USC 1636c. 7 USC 1636d.

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