; and (B) references to section 423 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C.350 l ) are references to section 402 of this Act. 403. Injunction proceedings (a) Jurisdiction The district courts of the United States, and the United States courts of the territories and possessions of the United States, shall have jurisdiction, for cause shown, to restrain a violation of section 202, 203, 204, 207, or 401 (or a regulation promulgated under that section). (b) Trial In a case in which violation of an injunction or restraining order issued under this section also constitutes a violation of the food safety law, trial shall be by the court or, upon demand of the accused, by a jury. 404. Civil and criminal penalties (a) Civil sanctions (1) Civil penalty (A) In general Any person that commits an act that violates the food safety law may be assessed a civil penalty by the Administrator of not more than $10,000 for each such act. (B) Separate offense Each act described in subparagraph (A) and each day during which that act continues shall be considered a separate offense. (2) Other requirements (A) Written order The civil penalty described in paragraph (1) shall be assessed by the Administrator by a written order, which shall specify the amount of the penalty and the basis for the penalty under subparagraph (B) considered by the Administrator. (B) Amount of penalty Subject to paragraph (1)(A), the amount of the civil penalty shall be determined by the Administrator, after considering— (i) the gravity of the violation; (ii) the degree of culpability of the person; (iii) the size and type of the business of the person