§ 2305. — Enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2305]
TITLE 7--AGRICULTURE
CHAPTER 56--UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF AGRICULTURAL
PRODUCTS
Sec. 2305. Enforcement provisions
(a) Civil actions by persons aggrieved; preventive relief; attorneys'
fees; security
Whenever any handler has engaged or there are reasonable grounds to
believe that any handler is about to engage in any act or practice
prohibited by section 2303 of this title, a civil action for preventive
relief, including an application for a permanent or temporary
injunction, restraining order, or other order, may be instituted by the
person aggrieved. In any action commenced pursuant hereto, the court, in
its discretion, may allow the prevailing party a reasonable attorney's
fee as part of the costs. The court may provide that no restraining
order or preliminary injunction shall issue except upon the giving of
security by the applicant, in such sum as the court deems proper, for
the payment of such costs and damages as may be incurred or suffered by
any party who is found to have been wrongfully enjoined or restrained.
(b) Civil actions by Attorney General; Federal jurisdiction; complaint;
preventive relief
Whenever the Secretary of Agriculture has reasonable cause to
believe that any handler, or group of handlers, has engaged in any act
or practice prohibited by section 2303 of this title, he may request the
Attorney General to bring civil action in his behalf in the appropriate
district court of the United States by filing with it a complaint (1)
setting forth facts pertaining to such act or practice, and (2)
requesting such preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the handler, or handlers, responsible for such acts or
practices. Upon receipt of such request, the Attorney General is
authorized to file such complaint.
(c) Suits by persons injured; Federal jurisdiction; amount of recovery;
attorneys' fees; limitation of actions
Any person injured in his business or property by reason of any
violation of, or combination or conspiracy to violate, any provision of
section 2303 of this title may sue therefor in the appropriate district
court of the United States without respect to the amount in controversy,
and shall recover damages sustained. In any action commenced pursuant to
this subsection, the court may allow the prevailing party a reasonable
attorney's fee as a part of the costs. Any action to enforce any cause
of action under this subsection shall be forever barred unless commenced
within two years after the cause of action accrued.
(d) Federal jurisdiction; exhaustion of other remedies; State laws and
jurisdiction unaffected
The district courts of the United States shall have jurisdiction of
proceedings instituted pursuant to this section and shall exercise the
same without regard to whether the aggrieved party shall have exhausted
any administrative or other remedies that may be provided by law.
The provisions of this chapter shall not be construed to change or
modify existing State law nor to deprive the proper State courts of
jurisdiction.
(Pub. L. 90-288, Sec. 6, Apr. 16, 1968, 82 Stat. 95.)
