§ 7734. Penalties for violation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Plant Protection Act

   Pub. L. 106–224 title IV § 424 · 114 Stat. 358

   Enacted · 7 U.S.C. § 7734

   Pub. L. 106–224, title IV, § 424, June 20, 2000, 114 Stat. 450

   Source evidence

   Code source credit
   Pub. L. 106–224, title IV, § 424, June 20, 2000, 114 Stat. 450

   Enacted provision · exact public law section
   SEC. 424. PENALTIES FOR VIOLATION. (a) Criminal Penalties.— Any person that knowingly violates this title, or that knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this title shall be guilty of a misdemeanor, and, upon conviction, shall be fined in accordance with title 18, United States Code, imprisoned for a period not exceeding 1 year, or both. (b) Civil Penalties.— (1) In general.— Any person that violates this title, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this title may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of— (A) $50,000 in the case of any individual (except that the civil penalty may not exceed $1,000 in the case of an initial violation of this title by an individual moving regulated articles not for monetary gain), $250,000 in the case of any other person for each violation, and $500,000 for all violations adjudicated in a single proceeding; or (B) twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for in this title that results in the person deriving pecuniary gain or causing pecuniary loss to another. (2) Factors in determining civil penalty.— In determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator— (A) ability to pay; (B) effect on ability to continue to do business; (C) any history of prior violations; (D) the degree of culpability; and (E) any other factors the Secretary considers appropriate. (3) Settlement of civil penalties.— The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that maybe assessed under this subsection. (4) Finality of orders.— The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of the Secretary’s order may not be reviewed in an action to collect the civil penalty. Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judgments of the courts of the United States. (c) Liability for Acts of an Agent.— When construing and enforcing this title, the act, omission, or failure of any officer, agent, or person acting for or employed by any other person within the scope of his or her employment or office, shall be deemed also to be the act, omission, or failure of the other person. (d) Guidelines for Civil Penalties.— The Secretary shall coordinate with the Attorney General to establish guidelines to determine under what circumstances the Secretary may issue a civil penalty or suitable notice of warning in lieu of prosecution by the Attorney General of a violation of this title.

2. 2002

   Pub. L. 107–171 title X § 10810 · 116 Stat. 134

   1. Added · 7 U.S.C. § 7734(a)

      Pub. L. 107–171 added subsec. (a)

   2. Struck · 7 U.S.C. § 7734(a)

      Pub. L. 107–171 struck out heading and text of former subsec. (a). Text read as follows: “Any person that knowingly violates this chapter, or that knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter shall be guilty of a misdemeanor, and, upon conviction, shall be fined in accordance with title 18, imprisoned for a period not exceeding 1 year, or both.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–171 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “Any person that knowingly violates this chapter, or that knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter shall be guilty of a misdemeanor, and, upon conviction, shall be fined in accordance with title 18, imprisoned for a period not exceeding 1 year, or both.”

   Enacted provision · exact public law section
   SEC. 10810. PENALTIES FOR VIOLATIONS OF PLANT PROTECTION ACT. Section 424 of the Plant Protection Act (7 U.S.C. 7734) is amended by striking subsection (a) and inserting the following: “(a) Criminal Penalties.— “(1) Offenses.— “(A) In general.— A person that knowingly violates this title, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this title shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. “(B) Movement.— A person that knowingly imports, enters, exports, or moves any plant, plant product, biological control organism, plant pest, noxious weed, or article, for distribution or sale, in violation of this title, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. “(2) Multiple violations.— On the second and any subsequent conviction of a person of a violation of this title under paragraph (1), the person shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.”.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 10203(d) · 122 Stat. 1651

   Substituted · 7 U.S.C. § 7734(b)(1)(A)

   Pub. L. 110–246, § 10203(d), substituted “$500,000 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,000,000 for all violations adjudicated in a single proceeding if the violations include a willful violation” for “and $500,000 for all violations adjudicated in a single proceeding”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 110–246, § 10203(d), substituted “$500,000 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,000,000 for all violations adjudicated in a single proceeding if the violations include a willful violation” for “and $500,000 for all violations adjudicated in a single proceeding”.

   Enacted provision · exact public law section
   (d) Willful Violations.— Section 424(b)(1)(A) of the Plant Protection Act (7 U.S.C. 7734(b)(1)(A)) is amended by striking “and $500,000 for all violations adjudicated in a single proceeding” and inserting “$500,000 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,000,000 for all violations adjudicated in a single proceeding if the violations include a willful violation”.

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

4 of 4 references resolved to an enrolled provision