§ 1817 — Enforcement with respect to handlers

(a) Any violation by a handler of the provisions of regulations establishing an over-order price or a Commission marketing order, or other regulations adopted pursuant to this compact shall:
(1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.
(2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.
(b) With respect to handlers, the Commission shall enforce the provisions of this compact, regulations establishing an over-order price, a Commission marketing order, or other regulations adopted hereunder by:
(1) Commencing an action for legal or equitable relief brought in the name of the Commission in any state or federal court of competent jurisdiction; or
(2) With the agreement of the appropriate state agency of a participating state, by referral to the state agency for enforcement by judicial or administrative remedy.
(c) With respect to handlers, the Commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.

Legislative History

(Added 1993, No. 57, § 1, eff. June 3, 1993.)