
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC117]

 
                        TITLE 21--FOOD AND DRUGS
 
         CHAPTER 4--ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS
 
   SUBCHAPTER III--PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION
 
Sec. 117. Penalties for transportation of diseased livestock or 
        live poultry
        

(a) Criminal penalty

    Any person or persons operating any railroad, or master or owner of 
any boat or vessel, or owner or custodian of, or person having control 
over, cattle or other livestock or live poultry who shall knowingly 
violate the provisions of section 115 of this title or the rules and 
regulations prescribed by the Secretary of Agriculture under such 
section shall be guilty of a misdemeanor and, upon conviction, shall be 
punished by a fine of not more than $5,000 or by imprisonment for not 
more than one year, or by both such fine and imprisonment.

(b) Civil penalty

    Any person or persons operating any railroad, or master or owner of 
any boat or vessel, or owner or custodian of, or person having control 
over, cattle or other livestock or live poultry who shall violate the 
provisions of section 115 of this title or the rules and regulations 
prescribed by the Secretary of Agriculture under such section may be 
assessed a civil penalty by the Secretary of not more than $1,000. The 
Secretary may issue an order assessing such civil penalty only after 
notice and an opportunity for an agency hearing on the record. Such 
order shall be treated as a final order reviewable under chapter 158 of 
title 28. The validity of such order may not be reviewed in an action to 
collect such civil penalty.

(May 29, 1884, ch. 60, Sec. 7, 23 Stat. 32; Feb. 7, 1928, ch. 30, 45 
Stat. 59; Pub. L. 95-439, Sec. 1, Oct. 10, 1978, 92 Stat. 1061; Pub. L. 
97-461, Sec. 5, Jan. 12, 1983, 96 Stat. 2524.)


                               Amendments

    1983--Pub. L. 97-461 designated existing provisions as subsec. (a), 
inserted ``or the rules and regulations prescribed by the Secretary of 
Agriculture under such section'' after ``title'', and added subsec. (b).
    1978--Pub. L. 95-439 amended section generally, striking out 
provision requiring Secretary of Agriculture to notify in writing the 
proper officials of any railroad, steamboat, or other transportation 
company doing business in an infected area of the existence of a 
contagion and to publish in newspapers the existence of a contagion.
    1928--Act Feb. 7, 1928, inserted ``and/or live poultry'' after 
``livestock''.

                  Section Referred to in Other Sections

    This section is referred to in sections 113, 114, 118, 119, 136a of 
this title; title 16 section 1540.
