; and (B) simultaneously serves a copy of the petition by certified mail to the Administrator. (2) Filing of record Not later than 45 days after the service of a copy of the petition under paragraph (1)(B), the Administrator shall file in the court a certified copy of the administrative record upon which the order was issued. (3) Standard of review The findings of the Administrator relating to the order shall be set aside only if found to be unsupported by substantial evidence on the record as a whole. (d) Collection Actions for Failure To Pay (1) In general If any person fails to pay a civil penalty assessed under subsection (a) after the order assessing the penalty has become a final order, or after the court of appeals described in subsection (b) has entered final judgment in favor of the Administrator, the Administrator shall refer the matter to the Attorney General, who shall institute in a United States district court of competent jurisdiction a civil action to recover the amount assessed. (2) Limitation on review In a civil action under paragraph (1), the validity and appropriateness of the order of the Administrator assessing the civil penalty shall not be subject to judicial review. (e) Penalties paid into account The Administrator— (1) shall deposit penalties collected under this section in an account in the Treasury; and (2) may use the funds in the account, without further appropriation or fiscal year limitation— (A) to carry out enforcement activities under food safety law