§ 87c. — Criminal 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: 7USC87c]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 87c. Criminal penalties
(a) Any person who commits any offense prohibited by section 87b of
this title (except an offense prohibited by paragraphs (a)(7), (a)(8),
and (b)(4) in which case the person shall be subject to the general
penal statutes in title 18 relating to crimes and offenses against the
United States) 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 chapter shall be construed as requiring the
Secretary to report minor violations of this chapter for criminal
prosecution whenever the Secretary believes that the public interest
will be adequately served by a suitable written notice or warning, or to
report any violation of this chapter for prosecution when the Secretary
believes that institution of a proceeding under section 86 of this title
will obtain compliance with this chapter and the Secretary institutes
such a proceeding.
(c) Any officer or employee of the Department of Agriculture
assigned to perform weighing functions under this chapter 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.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 14, as added Pub. L. 90-487,
Sec. 1, Aug. 15, 1968, 82 Stat. 767; amended Pub. L. 94-582, Sec. 17,
Oct. 21, 1976, 90 Stat. 2884; Pub. L. 103-156, Secs. 8, 12(m), Nov. 24,
1993, 107 Stat. 1527, 1529; Pub. L. 103-354, title II, Sec. 293(a)(7),
Oct. 13, 1994, 108 Stat. 3237.)
Amendments
1994--Subsec. (b). Pub. L. 103-354 substituted ``Secretary'' for
``Administrator'' wherever appearing.
1993--Pub. L. 103-156, Sec. 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.
Subsec. (a). Pub. L. 103-156, Secs. 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''.
Subsec. (b). Pub. L. 103-156, Sec. 12(m)(2), substituted ``the
Administrator'' for ``he'' in three places.
1976--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''.
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.
Subsec. (c). Pub. L. 94-582 added subsec. (c).
Effective Date of 1976 Amendment
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.
Effective Date
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 79, 79a, 86 of this title.
