(a) Civil action authorized.--A grower who is not paid within 21 days or who is not paid interest on a late payment, as provided in sections 3 and 4,¹ may bring a civil action against the merchant in a county where the grower resides or does business or in any other county provided by law or rule of court.

(b) Court may award costs.--In an action instituted under this section, the court, in issuing a final order, may award costs of litigation, including reasonable attorney and expert witness fees, to the grower whenever the court determines that such an award is appropriate.