(a)Notwithstanding the requirements of section 356 of this title, the Secretary at any time may pursue one or more of the following:
(1)issue an appropriate order including a cease and desist or stop sale order to a person the Secretary believes to be in violation of this chapter or an underlying rule;
(2)order mandatory corrective actions;
(3)take any action authorized under chapter 1 of this title; or
(4)seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title.
(b)When the Secretary of Agriculture, Food and Markets issues an order to cease and desist, stop sale, or take other action, or a required corrective action, the Secretary shall provide the person subject to the order or corrective action a statement that the order or
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(a) Notwithstanding the requirements of section 356 of this title, the Secretary at any time may pursue one or more of the following:
(1) issue an appropriate order including a cease and desist or stop sale order to a person the Secretary believes to be in violation of this chapter or an underlying rule;
(2) order mandatory corrective actions;
(3) take any action authorized under chapter 1 of this title; or
(4) seek administrative or civil penalties in accordance with the requirements of section 15, 16, or 17 of this title.
(b) When the Secretary of Agriculture, Food and Markets issues an order to cease and desist, stop sale, or take other action, or a required corrective action, the Secretary shall provide the person subject to the order or corrective action a statement that the order or corrective action is effective upon receipt and the person has 15 days to request a hearing.
(c) If the Secretary of Agriculture, Food and Markets issues a verbal order under this section, the Secretary shall issue written notice to the person subject to the order within five business days following the issuance of the verbal order. The written notice shall include a statement that the person has 15 days from the date the written notice was received to request a hearing.
(d) If a person who receives a written order to cease and desist, stop sale, or take other action, or a written required corrective action, does not request a hearing in writing within 15 days after receipt of the written order or required corrective action, the person waives the right to a hearing. Upon receipt of a written request for a hearing, the Secretary shall promptly set a date and time for a hearing. A request for a hearing on an order issued under this section shall not stay the order.
(e) A person aggrieved by a final action or decision of the Secretary under this section may appeal de novo to the Civil Division of the Superior Court within 30 days of the Secretary’s final decision. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 149 (Adj. Sess.), § 7; 1973, No. 249 (Adj. Sess.), § 6, eff. April 9, 1974; 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 42, § 5, eff. July 1, 2023.)