§ 857. Enforcement; administrative orders
(a) Notwithstanding the requirements of section 856 of this title, the Secretary at any time may pursue one or more of the following:
(1) issue a cease and desist order to a person the Secretary believes to be in violation of the rules listed in section 852 of this title;
(2) issue a verbal order or written administrative order to protect public health, including orders for the stop sale, recall, embargo, destruction, quarantine, and release of produce, when:
(A) the U.S. Food and Drug Administration requires immediate State action; or
(B) an alleged violation, activity, or farm practice presents an immediate threat to the public health or welfare;
(3) order mandatory corrective actions;
(4) take any action authorized under chapter 1 of this title;
(5) 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 a cease and desist order, written administrative order, or required corrective action under subsection (a) of this section, the Secretary shall provide the person subject to the order or corrective action with a statement that the order or corrective action is effective upon receipt and the person has 15 days from the date the order or corrective action was issued 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 days of 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 cease and desist order, a verbal order, an administrative order, or a mandatory corrective action under this section does not request in writing a hearing within 15 days of receipt of the order or within 15 days of written notice for a verbal order, the person’s right to a hearing is waived. Upon receipt of a written request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order, verbal order, or administrative 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 final decision of the Secretary. (Added 2017, No. 180 (Adj. Sess.), § 4, eff. May 28, 2018; amended 2017, No. 194 (Adj. Sess.), § 20, eff. May 30, 2018; 2019, No. 14, § 7, eff. April 30, 2019.)