# § 1638b. Enforcement
**(a)** **Warnings** If the Secretary determines that a retailer or person engaged in the business of supplying a covered commodity to a retailer is in violation of section 1638a of this title, the Secretary shall—
**1** notify the retailer [^1] of the determination of the Secretary; and
So in original. Probably should be “retailer or person”.
**(2)** provide the retailer <sup>1</sup> a 30-day period, beginning on the date on which the retailer <sup>1</sup> receives the notice under paragraph (1) from the Secretary, during which the retailer <sup>1</sup> may take necessary steps to comply with section 1638a of this title.
**(b)** **Fines** If, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person engaged in the business of supplying a covered commodity to a retailer has—
after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer or person in an amount of not more than $1,000 for each violation.
**(1)** not made a good faith effort to comply with section 1638a of this title, and
**(2)** continues to willfully violate section 1638a of this title with respect to the violation about which the retailer or person received notification under subsection (a)(1),
---
**Source Credit**: (Aug. 14, 1946, ch. 966, title II, § 283, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 535; amended Pub. L. 110–234, title XI, § 11002(3), May 22, 2008, 122 Stat. 1354; Pub. L. 110–246, § 4(a), title XI, § 11002(3), June 18, 2008, 122 Stat. 1664, 2116.)
## Editorial Notes
### Codification
and made identical amendments to this section. The amendments by were repealed by .
### Amendments
2008—, redesignated subsec. (b) as (a) and substituted “retailer or person engaged in the business of supplying a covered commodity to a retailer” for “retailer” in introductory provisions, added subsec. (b), and struck out former subsecs. (a) and (c) which related to applicability of to a violation of this subchapter and fine for violation of . The substitution in subsec. (a) was made for “retailer” the first time appearing to reflect the probable intent of Congress.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2008 Amendment
Amendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under .