§ 8313. Penalties

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. 2002

   Pub. L. 107–171 title X § 10414 · 116 Stat. 134

   Enacted · 7 U.S.C. § 8313

   Pub. L. 107–171, title X, § 10414, May 13, 2002, 116 Stat. 504

   Source evidence

   Code source credit
   Pub. L. 107–171, title X, § 10414, May 13, 2002, 116 Stat. 504

   Enacted provision · exact public law section
   SEC. 10414. PENALTIES. (a) Criminal Penalties.— (1) Offenses.— (A) In general.— A person that knowingly violates this subtitle, 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 subtitle shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. (B) Distribution or sale.— A person that knowingly imports, enters, exports, or moves any animal or article, for distribution or sale, in violation of this subtitle, 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 subtitle under paragraph (1), the person shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (b) Civil Penalties.— (1) In general.— Except as provided in section 10410(d), any person that violates this subtitle, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under this subtitle 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) (i) $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 subtitle by an individual moving regulated articles not for monetary gain;> (ii) $250,000 in the case of any other person for each violation; and (iii) $500,000 for all violations adjudicated in a single proceeding; or (B) twice the gross gain or gross loss for any violation or forgery, counterfeiting, or unauthorized use, alteration, defacing or destruction of a certificate, permit, or other document provided under this subtitle that results in the person’s deriving pecuniary gain or causing pecuniary loss to another person. (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) the ability to pay; (B) the effect on ability to continue to do business; (C) any history of prior violations; (D) the degree of culpability; and (E) such other factors as the Secretary considers to be appropriate. (3) Settlement of civil penalties.— The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this subsection. (4) Finality of orders.— (A) Final order.— 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. (B) Review.— The validity of the order of the Secretary may not be reviewed in an action to collect the civil penalty. (C) Interest.— 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 Agents.— In the construction and enforcement of this subtitle, the act, omission, or failure of any officer, agent, or person acting for or employed by any other person within the scope of the employment or office of the officer, agent, or person, shall be deemed also to be the act, omission, or failure of the other person. (d) Guidelines for Civil Penalties.— Subject to the approval of the Attorney General, the Secretary shall 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 subtitle.

2. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 11012(a) · 122 Stat. 1651

   1. Added · 7 U.S.C. § 8313(b)(1)(A)(iii)

      Pub. L. 110–246, § 11012(a), added cl. (iii)

   2. Struck · 7 U.S.C. § 8313(b)(1)(A)(iii)

      Pub. L. 110–246, § 11012(a), struck out former cl. (iii) which read as follows: “$500,000 for all violations adjudicated in a single proceeding; or”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A)(iii). Pub. L. 110–246, § 11012(a), added cl. (iii) and struck out former cl. (iii) which read as follows: “$500,000 for all violations adjudicated in a single proceeding; or”.

   Enacted provision · exact public law section
   (a) Willful Violations.— Section 10414(b)(1)(A) of the Animal Health Protection Act (7 U.S.C. 8316(b)(1)(A)) 7 USC 8313. is amended by striking clause (iii) and inserting the following: “(iii) for all violations adjudicated in a single proceeding— “(I) $500,000 if the violations do not include a willful violation; or “(II) $1,000,000 if the violations include 1 or more willful violations.” .

   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.

3 of 3 references resolved to an enrolled provision