§ 2149. — Violations by licensees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2149]
TITLE 7--AGRICULTURE
CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
Sec. 2149. Violations by licensees
(a) Temporary license suspension; notice and hearing; revocation
If the Secretary has reason to believe that any person licensed as a
dealer, exhibitor, or operator of an auction sale subject to section
2142 of this title, has violated or is violating any provision of this
chapter, or any of the rules or regulations or standards promulgated by
the Secretary hereunder, he may suspend such person's license
temporarily, but not to exceed 21 days, and after notice and opportunity
for hearing, may suspend for such additional period as he may specify,
or revoke such license, if such violation is determined to have
occurred.
(b) Civil penalties for violation of any section, etc.; separate
offenses; notice and hearing; appeal; considerations in
assessing penalty; compromise of penalty; civil action by
Attorney General for failure to pay penalty; district court
jurisdiction; failure to obey cease and desist order
Any dealer, exhibitor, research facility, intermediate handler,
carrier, or operator of an auction sale subject to section 2142 of this
title, that violates any provision of this chapter, or any rule,
regulation, or standard promulgated by the Secretary thereunder, may be
assessed a civil penalty by the Secretary of not more than $2,500 for
each such violation, and the Secretary may also make an order that such
person shall cease and desist from continuing such violation. Each
violation and each day during which a violation continues shall be a
separate offense. No penalty shall be assessed or cease and desist order
issued unless such person is given notice and opportunity for a hearing
with respect to the alleged violation, and the order of the Secretary
assessing a penalty and making a cease and desist order shall be final
and conclusive unless the affected person files an appeal from the
Secretary's order with the appropriate United States Court of Appeals.
The Secretary shall give due consideration to the appropriateness of the
penalty with respect to the size of the business of the person involved,
the gravity of the violation, the person's good faith, and the history
of previous violations. Any such civil penalty may be compromised by the
Secretary. Upon any failure to pay the penalty assessed by a final order
under this section, the Secretary shall request the Attorney General to
institute a civil action in a district court of the United States or
other United States court for any district in which such person is found
or resides or transacts business, to collect the penalty, and such court
shall have jurisdiction to hear and decide any such action. Any person
who knowingly fails to obey a cease and desist order made by the
Secretary under this section shall be subject to a civil penalty of
$1,500 for each offense, and each day during which such failure
continues shall be deemed a separate offense.
(c) Appeal of final order by aggrieved person; limitations; exclusive
jurisdiction of United States Courts of Appeals
Any dealer, exhibitor, research facility, intermediate handler,
carrier, or operator of an auction sale subject to section 2142 of this
title, aggrieved by a final order of the Secretary issued pursuant to
this section may, within 60 days after entry of such an order, seek
review of such order in the appropriate United States Court of Appeals
in accordance with the provisions of sections 2341, 2343 through 2350 of
title 28, and such court shall have exclusive jurisdiction to enjoin,
set aside, suspend (in whole or in part), or to determine the validity
of the Secretary's order.
(d) Criminal penalties for violation; initial prosecution brought before
United States magistrate judges; conduct of prosecution by
attorneys of United States Department of Agriculture
Any dealer, exhibitor, or operator of an auction sale subject to
section 2142 of this title, who knowingly violates any provision of this
chapter shall, on conviction thereof, be subject to imprisonment for not
more than 1 year, or a fine of not more than $2,500, or both.
Prosecution of such violations shall, to the maximum extent practicable,
be brought initially before United States magistrate judges as provided
in section 636 of title 28, and sections 3401 and 3402 of title 18, and,
with the consent of the Attorney General, may be conducted, at both
trial and upon appeal to district court, by attorneys of the United
States Department of Agriculture.
(Pub. L. 89-544, Sec. 19, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91-579,
Sec. 20, Dec. 24, 1970, 84 Stat. 1564; Pub. L. 94-279, Sec. 13, Apr. 22,
1976, 90 Stat. 420; Pub. L. 99-198, title XVII, Sec. 1755, Dec. 23,
1985, 99 Stat. 1650; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990,
104 Stat. 5117.)
Amendments
1985--Subsec. (b). Pub. L. 99-198, Sec. 1755(a), substituted
``$2,500 for each such violation'' for ``$1,000 for each such
violation'' in first sentence and directed the substitution of ``$1,500
for each offense'' for ``$500 for each offense'' in sixth sentence,
which was executed to the seventh sentence as the probable intent of
Congress.
Subsec. (d). Pub. L. 99-198, Sec. 1755(b), substituted ``$2,500''
for ``$1,000''.
1976--Subsec. (a). Pub. L. 94-279 substituted provisions covering
violations by licensees, temporary license suspension, notice and
hearing, and license revocation for provisions relating to violations by
dealers, exhibitors, operators of auction sales, cease and desist
orders, license suspension, and civil penalties.
Subsec. (b). Pub. L. 94-279 substituted provisions covering civil
penalties, notice and hearing, appeal, considerations in assessing
penalties, compromising penalties, civil action by Attorney General for
failure to pay penalty, district court jurisdiction, and failure to obey
cease and desist orders for provisions relating to judicial review of
final orders by the Secretary.
Subsec. (c). Pub. L. 94-279 substituted provisions covering appeal
of final orders by aggrieved persons, limitations, and exclusive
jurisdiction of the United States Courts of Appeals for provisions
relating to criminal penalties.
Subsec. (d). Pub. L. 94-279 added subsec. (d).
1970--Pub. L. 91-579 added exhibitors and operators of auction sales
to the enumeration of covered persons, added civil penalties for failure
to obey a cease and desist order of the Secretary, and changed the
procedure for judicial review.
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (d) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective one year after Dec. 23, 1985,
see section 1759 of Pub. L. 99-198, set out as a note under section 2131
of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-579 effective 30 days after Dec. 24, 1970,
see section 23 of Pub. L. 91-579, set out as a note under section 2131
of this title.
Section Referred to in Other Sections
This section is referred to in sections 2146, 2158, 2159 of this
title.
