
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7734]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 104--PLANT PROTECTION
 
                SUBCHAPTER II--INSPECTION AND ENFORCEMENT
 
Sec. 7734. Penalties for violation


(a) Criminal penalties

    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.

(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.)

                  Section Referred to in Other Sections

    This section is referred to in section 7736 of this title.
