7 U.S.C. § 2305

Enforcement provisions

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(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.

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, § 6, Apr. 16, 1968, 82 Stat. 95.)

Notes of Decisions

Cited in 28 cases, 1971–2015 · leading case: Marek v. Chesny, 473 U.S. 1 (1985).

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Marek v. Chesny, 473 U.S. 1 (1985). · cites it 2× “95 , 7 U. S. C. §§ 2305 (a) and (c). 8. Home Owners' Loan Act of 1933, 48 Stat.”

Kwai Wong v. David Beebe, 732 F.3d 1030 (9th Cir. 2013). · cites it 2× “93 , 95 (1967), codified at 7 U.S.C. § 2305 (c) (same); National Mobile Home Construction and Safety Standards Act of 1974, Pub.”

Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010). · cites it 2× “The district court also awarded Tyson attorney’s fees incurred in defending against Terry’s AFPA claim, pursuant to 7 U.S.C. § 2305 (a). With respect to Terry’s PSA claim, the district court held that proof of injury to competition is a necessary element of a claim under 7 U.”

Vendo Co. v. Lektro-Vend Corp., 433 U.S. 623 (1977). · cites it 2× “§ 2050a (Farm Labor Contractor Registration Act); 7 U. S. C. § 2305 (a) (§ 6 of the Agricultural Fair Practices Act of 1967); 12 U.”

Bennett v. Spear, 520 U.S. 154 (1997). “In statutes concerning unfair trade practices and other commercial matters, for example, it has authorized suit only by “[a]ny person injured in his business or property,” 7 U. S. C. § 2305 (c); see also 15 U. S. C.”

United States v. Kwai Fun Wong, 135 S. Ct. 1625 (2015). “95 , 7 U. S. C. §2305 (c) (1970 ed.); §613(b) of the National Manufactured Housing Construction and Safety Standards Act of 1974, 88 Stat.”

Michigan Canners & Freezers Assn., Inc. v. Agric. Mktg. & Bargaining Bd., 467 U.S. 461 (1984). “” 7 U. S. C. §2305 (d). 9 And, as this Court has rec *470 ognized, “the supervision of the readying of foodstuffs for market has always been deemed a matter of peculiarly local concern.”

Nazareth Gates v. John Collier, Superintendent of the Mississippi State Penitentiary, 616 F.2d 1268 (5th Cir. 1980). “IV 1973); Agricultural Fair Practices Act of 1967, § 6, 7 U.S.C. §§ 2305 (a), (c) (1970); Plant Variety Protection Act § 125, 7 U.”

Kenny A. Ex Rel. Winn v. Perdue, 547 F.3d 1319 (11th Cir. 2008). · cites it 2× “§ 499g(b); Agricultural Fair Practices Act of 1967, 7 U.S.C. § 2305 (a) & (c); Plant Variety Protection Act, 7 U.”

Sierra Club v. Hawaii Tourism Auth., 59 P.3d 877 (Haw. 2002). “In statutes concerning unfair trade practices and other commercial matters, for example, it has authorized suit only by "any person injured in his business or property,” 7 U.”

United States v. Kwai Fun Wong, 575 U.S. 402 (2015). “95 , 7 U. S. C. §2305 (c) (1970 ed.); §613(b) of the National Manufactured Housing Construction and Safety Standards Act of 1974, 88 Stat.”

Chenega Corp. v. Exxon Corp., 991 P.2d 769 (Alaska 1999). “§ 2305 (c) (1988) (Agricultural Fair Practices Act) ("[a]ny person injured in his business or properly by reason of any violation of [section 2303] may sue therefor in the appropriate district court ... without respect to the amount in controversy”); 15 U.”

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