< Back to H.R. 6679 (97th Congress, 1981–1982)

Text of the An act to authorize the Secretary of Agriculture to assess civil penalties with respect to violations of certain Acts relating ...

...certain Acts relating to the prevention of the introduction and dissemination into the United States of plant pests, plant diseases,

This bill was enacted after being signed by the President on January 12, 1983. The text of the bill below is as of Jan 12, 1983 (Passed Congress/Enrolled Bill).

PUBLIC LAW 97-461—JAN. 12, 1983                                       96 STAT. 2523

Public Law 97-461
97th Congress
                                    An Act
To authorize the Secretary of Agriculture to assess civil penalties with respect to       Jan. 12, 1983
  violations of certain Acts relating to the prevention of the introduction and            [H.R. 6679]
  dissemination into the United States of plant pests, plant diseases, and livestock
  and poultry diseases, to increase the eunount of criminal fines which may be
  imposed with respect to violations of such Acts, and for other purposes.

  Be it ervacted by the Semite and House of Representatives of the
United States of America in Congress assembled, That (a) section Plant, livestock
108(a) of the Federal Plant Pest Act (7 U.S.C. 150bb(a)) is amended and      poultry
                                                                        diseases, civil
by striking out "knowingly" each place it appears.                      penalties for
  (b) Section 108 of the Federal Plant Pest Act (7 U.S.C. 150gg) is introduction and
amended to read as follows:                                             dissemination.
  "SEC. 108. (a) Any person who—
        "(1) knowingly violates section 103 of this Act or any regula- 7 u s e 150bb.
     tion promulgated under this Act;
        "(2) knowingly forges or counterfeits any permit or other
     document provided for by this Act or by any such regulation; or
        "(3) knowingly and without the authority of the Secretary,
     uses, alters, or defaces any such permit or document;
shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding $5,000, by imprisonment not exceeding one year, or both.
  "(b) Any person who—
        "(1) violates section 103 of this Act or any regulation promul-
     gated under this Act;
        "(2) forges or counterfeits any permit or other document
     provided for by this Act or by any such regulation; or
        "(3) without the authority of the Secretary, uses, alters, or
     defaces any such permit or document;
may be assessed a civil penalty by the Secretary not exceeding
$1,000. The Secretary may issue an order assessing such civil pen- Notice; hearing,
alty 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, United States Code. The validity of 28 u s e 2341 et
such order may not be reviewed in an action to collect such civil
penalty.".
  SEC. 2. The first paragraph of section 10 of the Act of August 20,
1912 (7 U.S.C. 163, 164), commonly known as the Plant Quarantine
Act, is amended by striking out "That any person" and all that
follows through "; and it" and inserting in lieu thereof the following:
"That any person who knowingly violates any provision of this Act
or any rule or regulation promulgated by the Secretary of Agricul-
ture under this Act, or who knowingly forges or counterfeits any
certificate provided for in this Act or in any such rule or regulation,
or who, knowingly and without the authority of the Secretary, uses,
alters, defaces, or destroys any such certificate shall be deemed
guilty of a misdemeanor and shall, upon conviction thereof, be
punished by a fine not exceeding $5,000, by imprisonment not
exceeding one year, or both. Any person who violates any such
provision, rule, or regulation, or who forges or counterfeits any such

96 STAT. 2524 PUBLIC LAW 97-461—JAN. 12, 1983 certificate, or who, without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate, may be assessed a Notice; hearing. civil penalty by the Secretary not exceeding $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 28 u s e 2341 et title 28, United States Code. The validity of such order may not be seq. reviewed in an action to collect such civil penalty. It". SEC. 3. The Act of January 31,1942 (7 U.S.C. 149), is amended b y - CD inserting "(a)" after "That"; and (2) adding at the end the following new subsection: "(bXl) Any person who knowingly violates any rule or regulation promulgated under subsection (a) shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $5,000, by imprison- ment not exceeding one year, or both. "(2) Any person who violates any such rule or regulation may be assessed a civil penalty by the Secretary of Agriculture not exceed- Notice; hearing. ing $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 28 u s e 2341 et under chapter 158 of title 28, United States Code. The validity of 8eq. such order may not be reviewed in an action to collect such civil penalty.". SEC. 4. Section 6 of the Act of August 30, 1890 (21 U.S.C. 104), is amended by striking out the last sentence and inserting in lieu thereof the following: "Any person who knowingly violates any 21 u s e 102, 103, provision of this section or sections 7 through 10 of this Act or any 101,105. regulation prescribed by the Secretary of Agriculture under any such section shall be guilty of a misdemeanor and shall, on convic- tion, be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. Any person who violates any such provision or any such regulation may be assessed a civil penalty by Notice; hearing. the Secretary of Agriculture not exceeding $1,000. The Secretary may issue an order assessing such civil pen^ty 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 28 u s e 2341 et title 28, United States Code. The validity of such order may not be seq. reviewed in an action to collect such civil penalty.". SEC. 5. Section 7 of the Act of May 29, 1884 (21 U.S.C. 117), commonly known as the Animal Industry Act, is amended by— (1) inserting "(a)" after "SEC. 7."; (2) inserting "or the rules and regulations prescribed by the Secretary of Agriculture under such section" after "Act"; and (3) adding at the end the following new subsection: "(b) 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 21 u s e 115. shall violate the provisions of section 6 of this Act or the rules and regulations prescribed by the Secretary of Agriculture under such section may be assessed a civil penalty by the Secreteury of not more Notice; hearing. 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 28 u s e 2341 et under chapter 158 of title 28, United States Code. The validity of seq. such order may not be reviewed in an action to collect such civil penalty.".
PUBLIC LAW 97-461—JAN. 12, 1983 96 STAT. 2525 SEC. 6. Section 3 of the Act of February 2, 1903 (21 U.S.C. 122), commonly known as the Cattle Contagious Diseases Act of 1903, is amend^ by— (1) striking out "one thousand dollars" and inserting in lieu thereof "five thousand dollars"; and (2) adding at the end the following: "Any person, company, or corporation violating such provisions, orders, or regulations may be assessed a civil penalty by the Secretary of Agriculture of not more than one thousand dollars. The Secretary may issue Notice; hearing 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, United States Code. The validity of such order may not 28 u s e 2341 et be reviewed in an action to collect such civil penalty.". seq. SEC. 7. Section 6 of the Act of March 3, 1905 (21 U.S.C. 127), is amended by— (1) striking out "one thousand dollars" and inserting in lieu thereof "five thousand dollars"; and (2) adding at the end the following: "Any person, company, or corporation violating such provisions may be assessed a civil penalty by the Secretary of Agriculture of not more than one thousand dollars. The Secretary may issue an order assessing Notice; hearing, 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, United States CJode. The validity of such order may not be reviewed in 28 u s e 2341 et an action to collect such civil penalty.". seq. SEC. 8. Section 6(a) of the Act of July 2, 1962 (21 U.S.C. 134e), is amended by— (1) inserting "(1)" after "(a)"; (2) striking out "$1,000" and inserting in lieu thereof "$5,000"; and (3) adding at the end the following new paragraph: "(2) Whoever violates any such regulation may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may Notice; hearing, 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, United States Code. The validity of such order may not be reviewed 28 use 2341 et in an action to collect such civil penalty.". ^^• SEC. 9. Section 2 of the Act of May 6, 1970 (21 U.S.C. 135a), is amended by— (1) inserting "(a)" after "SEC. 2." and (2) adding at the end the following new subsection: "(b) Any person who brings any animal to the quarantine station or moves any animal from the quarantine station, contrary to the conditions prescribed by the Secretary in regulations issued hereun- der, may be assessed a civil penalty by the Secretary not to exceed $1,000. The Secretary may issue an order assessing such civil Notice; hearing.
96 STAT. 2526 PUBLIC LAW 97-461—JAN. 12, 1983 penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable 28 use 2341 et under chapter 158 of title 28, United States Code. The validity of ^^' such order may not be reviewed in an action to collect such civil penalty.". Approved January 12, 1983. LEGISLATIVE mSTORY—H.R. 6679: HOUSE REPORT No. 97-875 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed House. Dec. 21, considered and passed Senate.