§ 87c. Criminal 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. 1916

   Pub. L. 90–487 § 1 · 82 Stat. 761

   Enacted · 7 U.S.C. § 87c

   Aug. 11, 1916, ch. 313, pt. B, § 14, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 767

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 14, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 767

2. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 17 · 90 Stat. 2867

   1. Inserted · 7 U.S.C. § 87c(a)

      Pub. L. 94–582 inserted “(except an offense prohibited by paragraphs (a)(7), (a)(8), and (b)(4) in which case he shall be subject to the general penal statutes in Title 18 relating to crimes and offenses against the United States)”, increased the punishment for misdemeanors from six months to twelve months and the fine from $3,000 to $10,000, and denominated subsequent offenses as felonies

   2. Substituted · 7 U.S.C. § 87c(a)

      Pub. L. 94–582 substituting “but, for each subsequent offense subject to this subsection, such person shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine” for “but if such offense is committed after one conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than one year, or a fine of not more than $5,000, or both such imprisonment and fine”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–582 inserted “(except an offense prohibited by paragraphs (a)(7), (a)(8), and (b)(4) in which case he shall be subject to the general penal statutes in Title 18 relating to crimes and offenses against the United States)”, increased the punishment for misdemeanors from six months to twelve months and the fine from $3,000 to $10,000, and denominated subsequent offenses as felonies, substituting “but, for each subsequent offense subject to this subsection, such person shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine” for “but if such offense is committed after one conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than one year, or a fine of not more than $5,000, or both such imprisonment and fine”.

   Enacted provision · exact public law section
   Sec. 17. penalties Section 14 of the United States Grain Standards Act, as amended (7 U.S.C. 87c), is amended to read as follows: “Sec. 14. “criminal penalties (a) Any person who commits an offense prohibited by Ante, p. 2883. section 13 (except an offense prohibited by paragraphs (a)(7), (a) (8), and (b) (4) in which case he shall be subject to the 18 USC 1 et seq. general penal statutes in title 18 of the United States Code relating to crimes and offenses against, the United States) shall be guilty of a misdemeanor and shall, on conviction thereof, be subject to imprisonment for not more than twelve months, or a tine of not more than $10,0(10, or both such imprisonment and tine; but, for each subsequent offense subject to this subsection, such person shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine. “(b) Nothing in this Act shall be construed as requiring the Administrator to report minor violations of this Act for criminal prosecution whenever he believes that the public interest will be adequately served by a suitable written notice or warning, or to report any violation of this Act for prosecution when he believes that institution of Ante, p. 2879. a proceeding under section 10 of this Act will obtain compliance with this Act and he institutes such a proceeding. “(c) Any officer or employee of the Department of Agriculture assigned to perform weighing functions under this Act shall be considered as an employee of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of title 18 of the United States Code.”

   Effective date note
   Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

3. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 17 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 87c(b)

      Pub. L. 94–582 substituted “Administrator” for “Secretary”

   2. Inserted · 7 U.S.C. § 87c(b)

      Pub. L. 94–582 inserted provision that nothing in this chapter shall be construed as requiring the Administrator to report any violation of this chapter for prosecution when he believes that institution of a proceeding under section 86 of this title will obtain compliance with this chapter and he institutes such a proceeding

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–582 substituted “Administrator” for “Secretary” and inserted provision that nothing in this chapter shall be construed as requiring the Administrator to report any violation of this chapter for prosecution when he believes that institution of a proceeding under section 86 of this title will obtain compliance with this chapter and he institutes such a proceeding.

   Enacted provision · exact public law section
   Sec. 17. penalties Section 14 of the United States Grain Standards Act, as amended (7 U.S.C. 87c), is amended to read as follows: “Sec. 14. “criminal penalties (a) Any person who commits an offense prohibited by Ante, p. 2883. section 13 (except an offense prohibited by paragraphs (a)(7), (a) (8), and (b) (4) in which case he shall be subject to the 18 USC 1 et seq. general penal statutes in title 18 of the United States Code relating to crimes and offenses against, the United States) shall be guilty of a misdemeanor and shall, on conviction thereof, be subject to imprisonment for not more than twelve months, or a tine of not more than $10,0(10, or both such imprisonment and tine; but, for each subsequent offense subject to this subsection, such person shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine. “(b) Nothing in this Act shall be construed as requiring the Administrator to report minor violations of this Act for criminal prosecution whenever he believes that the public interest will be adequately served by a suitable written notice or warning, or to report any violation of this Act for prosecution when he believes that institution of Ante, p. 2879. a proceeding under section 10 of this Act will obtain compliance with this Act and he institutes such a proceeding. “(c) Any officer or employee of the Department of Agriculture assigned to perform weighing functions under this Act shall be considered as an employee of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of title 18 of the United States Code.”

   Effective date note
   Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

4. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 17 · 90 Stat. 2867

   Added · 7 U.S.C. § 87c(c)

   Pub. L. 94–582 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–582 added subsec. (c).

   Enacted provision · exact public law section
   Sec. 17. penalties Section 14 of the United States Grain Standards Act, as amended (7 U.S.C. 87c), is amended to read as follows: “Sec. 14. “criminal penalties (a) Any person who commits an offense prohibited by Ante, p. 2883. section 13 (except an offense prohibited by paragraphs (a)(7), (a) (8), and (b) (4) in which case he shall be subject to the 18 USC 1 et seq. general penal statutes in title 18 of the United States Code relating to crimes and offenses against, the United States) shall be guilty of a misdemeanor and shall, on conviction thereof, be subject to imprisonment for not more than twelve months, or a tine of not more than $10,0(10, or both such imprisonment and tine; but, for each subsequent offense subject to this subsection, such person shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine. “(b) Nothing in this Act shall be construed as requiring the Administrator to report minor violations of this Act for criminal prosecution whenever he believes that the public interest will be adequately served by a suitable written notice or warning, or to report any violation of this Act for prosecution when he believes that institution of Ante, p. 2879. a proceeding under section 10 of this Act will obtain compliance with this Act and he institutes such a proceeding. “(c) Any officer or employee of the Department of Agriculture assigned to perform weighing functions under this Act shall be considered as an employee of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of title 18 of the United States Code.”

   Effective date note
   Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

5. 1993

   United States Grain Standards Act Amendments of 1993

   Pub. L. 103–156 § 12(m) · 107 Stat. 1525

   Amended · 7 U.S.C. § 87c

   Pub. L. 103–156, § 12(m), which directed amendment of “Section 14”, without specifying the name of the Act being amended, was executed to this section, which is section 14 of the United States Grain Standards Act, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 103–156, § 12(m), which directed amendment of “Section 14”, without specifying the name of the Act being amended, was executed to this section, which is section 14 of the United States Grain Standards Act, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (m) Section 14 (7 U.S.C. 87c) is amended— (1) in subsection (a), by striking “he” and inserting “the person”; and (2) in subsection (b), by striking “he” each place it appears and inserting “the Administrator”.

6. 1993

   United States Grain Standards Act Amendments of 1993

   Pub. L. 103–156 · 107 Stat. 1525

   1. Substituted · 7 U.S.C. § 87c(a)

      Pub. L. 103–156, §§ 8, 12(m)(1), substituted “the person” for “he”

   2. Struck · 7 U.S.C. § 87c(a)

      Pub. L. 103–156, §§ 8, 12(m)(1), struck out “shall be guilty of a misdemeanor and shall, on conviction thereof, be subject to imprisonment for not more than twelve months, or a fine of not more than $10,000, or both such imprisonment and fine; but, for each subsequent offense subject to this subsection, such person” before “shall be guilty of a felony”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–156, §§ 8, 12(m)(1), substituted “the person” for “he”, and struck out “shall be guilty of a misdemeanor and shall, on conviction thereof, be subject to imprisonment for not more than twelve months, or a fine of not more than $10,000, or both such imprisonment and fine; but, for each subsequent offense subject to this subsection, such person” before “shall be guilty of a felony”.

7. 1993

   United States Grain Standards Act Amendments of 1993

   Pub. L. 103–156 § 12(m)(2) · 107 Stat. 1525

   Substituted · 7 U.S.C. § 87c(b)

   Pub. L. 103–156, § 12(m)(2), substituted “the Administrator” for “he” in three places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–156, § 12(m)(2), substituted “the Administrator” for “he” in three places.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “he” each place it appears and inserting “the Administrator”.

8. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 title II § 293(a)(7) · 108 Stat. 3178

   Substituted · 7 U.S.C. § 87c(b)

   Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (7) except as otherwise provided in this subsection, by striking “Administrator” each place it appears and inserting “Secretary”; and

8 of 11 references resolved to an enrolled provision · 3 partial