§ 7734. — Penalties for violation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7734]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER II--INSPECTION AND ENFORCEMENT
Sec. 7734. Penalties for violation
(a) Criminal penalties
(1) Offenses
(A) In general
A person that knowingly violates this chapter, 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 chapter shall be fined under
title 18, imprisoned not more than 1 year, or both.
(B) Movement
A person that knowingly imports, enters, exports, or moves
any plant, plant product, biological control organism, plant
pest, noxious weed, or article, for distribution or sale, in
violation of this chapter, shall be fined under title 18,
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 chapter under paragraph (1), the person shall be
fined under title 18, imprisoned not more than 10 years, or both.
(b) Civil penalties
(1) In general
Any person that violates this chapter, or that forges,
counterfeits, or, without authority from the Secretary, uses,
alters, defaces, or destroys any certificate, permit, or other
document provided for in this chapter 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) $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 chapter by an individual moving regulated
articles not for monetary gain), $250,000 in the case of any
other person for each violation, and $500,000 for all violations
adjudicated in a single proceeding; or
(B) twice the gross gain or gross loss for any violation,
forgery, counterfeiting, unauthorized use, defacing, or
destruction of a certificate, permit, or other document provided
for in this chapter that results in the person deriving
pecuniary gain or causing pecuniary loss to another.
(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) ability to pay;
(B) effect on ability to continue to do business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) any other factors the Secretary considers 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
The order of the Secretary assessing a civil penalty shall be
treated as a final order reviewable under chapter 158 of title 28.
The validity of the Secretary's order may not be reviewed in an
action to collect the civil penalty. 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 an agent
When construing and enforcing this chapter, the act, omission, or
failure of any officer, agent, or person acting for or employed by any
other person within the scope of his or her employment or office, shall
be deemed also to be the act, omission, or failure of the other person.
(d) Guidelines for civil penalties
The Secretary shall coordinate with the Attorney General to
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 chapter.
(Pub. L. 106-224, title IV, Sec. 424, June 20, 2000, 114 Stat. 450; Pub.
L. 107-171, title X, Sec. 10810, May 13, 2002, 116 Stat. 531.)
Amendments
2002--Subsec. (a). Pub. L. 107-171 added subsec. (a) and struck out
heading and text of former subsec. (a). Text read as follows: ``Any
person that knowingly violates this chapter, or that knowingly forges,
counterfeits, or, without authority from the Secretary, uses, alters,
defaces, or destroys any certificate, permit, or other document provided
for in this chapter shall be guilty of a misdemeanor, and, upon
conviction, shall be fined in accordance with title 18, imprisoned for a
period not exceeding 1 year, or both.''
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating
to agricultural import and entry inspection activities under this
chapter to the Secretary of Homeland Security, and for treatment of
related references, see sections 231, 551(d), 552(d), and 557 of Title
6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in section 7736 of this title.
