§ 136l. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136l]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136l. Penalties
(a) Civil penalties
(1) In general
Any registrant, commercial applicator, wholesaler, dealer,
retailer, or other distributor who violates any provision of this
subchapter may be assessed a civil penalty by the Administrator of
not more than $5,000 for each offense.
(2) Private applicator
Any private applicator or other person not included in paragraph
(1) who violates any provision of this subchapter subsequent to
receiving a written warning from the Administrator or following a
citation for a prior violation, may be assessed a civil penalty by
the Administrator of not more than $1,000 for each offense, except
that any applicator not included under paragraph (1) of this
subsection who holds or applies registered pesticides, or uses
dilutions of registered pesticides, only to provide a service of
controlling pests without delivering any unapplied pesticide to any
person so served, and who violates any provision of this subchapter
may be assessed a civil penalty by the Administrator of not more
than $500 for the first offense nor more than $1,000 for each
subsequent offense.
(3) Hearing
No civil penalty shall be assessed unless the person charged
shall have been given notice and opportunity for a hearing on such
charge in the county, parish, or incorporated city of the residence
of the person charged.
(4) Determination of penalty
In determining the amount of the penalty, the Administrator
shall consider the appropriateness of such penalty to the size of
the business of the person charged, the effect on the person's
ability to continue in business, and the gravity of the violation.
Whenever the Administrator finds that the violation occurred despite
the exercise of due care or did not cause significant harm to health
or the environment, the Administrator may issue a warning in lieu of
assessing a penalty.
(5) References to Attorney General
In case of inability to collect such civil penalty or failure of
any person to pay all, or such portion of such civil penalty as the
Administrator may determine, the Administrator shall refer the
matter to the Attorney General, who shall recover such amount by
action in the appropriate United States district court.
(b) Criminal penalties
(1) In general
(A) Any registrant, applicant for a registration, or producer
who knowingly violates any provision of this subchapter shall be
fined not more than $50,000 or imprisoned for not more than 1 year,
or both.
(B) Any commercial applicator of a restricted use pesticide, or
any other person not described in subparagraph (A) who distributes
or sells pesticides or devices, who knowingly violates any provision
of this subchapter shall be fined not more than $25,000 or
imprisoned for not more than 1 year, or both.
(2) Private applicator
Any private applicator or other person not included in paragraph
(1) who knowingly violates any provision of this subchapter shall be
guilty of a misdemeanor and shall on conviction be fined not more
than $1,000, or imprisoned for not more than 30 days, or both.
(3) Disclosure of information
Any person, who, with intent to defraud, uses or reveals
information relative to formulas of products acquired under the
authority of section 136a of this title, shall be fined not more
than $10,000, or imprisoned for not more than three years, or both.
(4) Acts of officers, agents, etc.
When construing and enforcing the provisions of this subchapter,
the act, omission, or failure of any officer, agent, or other person
acting for or employed by any person shall in every case be also
deemed to be the act, omission, or failure of such person as well as
that of the person employed.
(June 25, 1947, ch. 125, Sec. 14, as added Pub. L. 92-516, Sec. 2, Oct.
21, 1972, 86 Stat. 992; amended Pub. L. 95-396, Sec. 17, Sept. 30, 1978,
92 Stat. 832; Pub. L. 100-532, title VI, Sec. 604, Oct. 25, 1988, 102
Stat. 2678; Pub. L. 102-237, title X, Sec. 1006(a)(8), Dec. 13, 1991,
105 Stat. 1895.)
Amendments
1991--Subsec. (a)(2). Pub. L. 102-237 substituted ``, except that''
for ``: Provided, That'' and ``uses'' for ``use''.
1988--Subsec. (b)(1). Pub. L. 100-532 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ``Any registrant,
commercial applicator, wholesaler, dealer, retailer, or other
distributor who knowingly violates any provision of this subchapter
shall be guilty of a misdemeanor and shall on conviction be fined not
more than $25,000, or imprisoned for not more than one year, or both.''
1978--Subsec. (a)(2). Pub. L. 95-396, Sec. 17(1), authorized
assessment of a civil penalty of not more than $500 for a first offense
and not more than $1,000 for each subsequent offense against any
applicator providing a service of controlling pests for violations of
this subchapter.
Subsec. (a)(3). Pub. L. 95-396, Sec. 17(2), struck out provision
respecting certain considerations when determining amount of penalty,
now covered in par. (4).
Subsec. (a)(4). Pub. L. 95-396, Sec. 17(4), reenacted second
sentence of par. (3) as par. (4) and authorized Administrator to issue a
warning in lieu of assessing a penalty. Former par. (4) redesignated
(5).
Subsec. (a)(5). Pub. L. 95-396, Sec. 17(3), redesignated former par.
(4) as (5).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Effective Date
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
Section Referred to in Other Sections
This section is referred to in sections 136a-1, 136g, 136q of this
title.
