§ 2279e. — Civil penalty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2279e]
TITLE 7--AGRICULTURE
CHAPTER 55--DEPARTMENT OF AGRICULTURE
Sec. 2279e. Civil penalty
(a) In general
Any person that causes harm to, or interferes with, an animal used
for the purposes of official inspections by the Department of
Agriculture or the Department of Homeland Security, may, after notice
and opportunity for a hearing on the record, be assessed a civil penalty
by the Secretary of Agriculture or the Secretary of Homeland Security
not to exceed $10,000.
(b) Factors in determining civil penalty
In determining the amount of a civil penalty, the Secretary
concerned shall take into account the nature, circumstance, extent, and
gravity of the offense.
(c) Settlement of civil penalties
The Secretary concerned may compromise, modify, or remit, with or
without conditions, any civil penalty that may be assessed under this
section.
(d) Finality of orders
(1) In general
The order of the Secretary concerned assessing a civil penalty
shall be treated as a final order reviewable under chapter 158 of
title 28. The validity of the order of the Secretary concerned may
not be reviewed in an action to collect the civil penalty.
(2) 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.
(e) Secretary concerned defined
In this section and section 2279f of this title, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to an animal used
for purposes of official inspections by the Department of
Agriculture; and
(2) the Secretary of Homeland Security, with respect to an
animal used for purposes of official inspections by the Department
of Homeland Security.
(Pub. L. 106-224, title V, Sec. 501, June 20, 2000, 114 Stat. 455; Pub.
L. 107-296, title IV, Sec. 421(h), Nov. 25, 2002, 116 Stat. 2184.)
Amendments
2002--Subsec. (a). Pub. L. 107-296, Sec. 421(h)(1), inserted ``or
the Department of Homeland Security'' after ``Department of
Agriculture'' and ``or the Secretary of Homeland Security'' after
``Secretary of Agriculture''.
Subsecs. (b) to (d)(1). Pub. L. 107-296, Sec. 421(h)(2), substituted
``Secretary concerned'' for ``Secretary'' wherever appearing.
Subsec. (e). Pub. L. 107-296, Sec. 421(h)(3), added subsec. (e).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Section Referred to in Other Sections
This section is referred to in section 2279f of this title.
