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7 U.S.C. § 8313 — Penalties
Federal law — U.S. Code and appendices · legal_authorities
**(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) *Distribution or sale* — A person that knowingly imports, enters, exports, or moves any animal 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** — Except as provided in [section 8309(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8309/d&num=0&edition=prelim), 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 under 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)
(i) $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;
(ii) $250,000 in the case of any other person for each violation; and
(iii) for all violations adjudicated in a single proceeding—
(I) $500,000 if the
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Source location: Title 7, Chapter 109, § 8313; chapter-109-animal-health-protection.md
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**(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) *Distribution or sale* — A person that knowingly imports, enters, exports, or moves any animal 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** — Except as provided in [section 8309(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8309/d&num=0&edition=prelim), 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 under 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)
(i) $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;
(ii) $250,000 in the case of any other person for each violation; and
(iii) for all violations adjudicated in a single proceeding—
(I) $500,000 if the violations do not include a willful violation; or
(II) $1,000,000 if the violations include 1 or more willful violations.
(B) twice the gross gain or gross loss for any violation or forgery, counterfeiting, or unauthorized use, alteration, defacing or destruction of a certificate, permit, or other document provided under this chapter that results in the person’s deriving pecuniary gain or causing pecuniary loss to another person.
(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) the ability to pay;
(B) the effect on ability to continue to do business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) such other factors as the Secretary considers to be 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**
(A) *Final order* — The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28.
(B) *Review* — The validity of the order of the Secretary may not be reviewed in an action to collect the civil penalty.
(C) *Interest* — 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 agents** In the construction and enforcement of 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 the employment or office of the officer, agent, or person, shall be deemed also to be the act, omission, or failure of the other person.
**(d) Guidelines for civil penalties** Subject to the approval of the Attorney General, the Secretary shall 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.
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds that—
(1) the prevention, detection, control, and eradication of diseases and pests of animals are essential to protect—
(A) animal health;
(B) the health and welfare of the people of the United States;
(C) the economic interests of the livestock and related industries of the United States;
(D) the environment of the United States; and
(E) interstate commerce and foreign commerce of the United States in animals and other articles;
(2) animal diseases and pests are primarily transmitted by animals and articles regulated under this chapter;
(3) the health of animals is affected by the methods by which animals and articles are transported in interstate commerce and foreign commerce;
(4) the Secretary must continue to conduct research on animal diseases and pests that constitute a threat to the livestock of the United States; and
(5)
(A) all animals and articles regulated under this chapter are in or affect interstate commerce or foreign commerce; and
(B) regulation by the Secretary and cooperation by the Secretary with foreign countries, States or other jurisdictions, or persons are necessary—
(i) to prevent and eliminate burdens on interstate commerce and foreign commerce;
(ii) to regulate effectively interstate commerce and foreign commerce; and
(iii) to protect the agriculture, environment, economy, and health and welfare of the people of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report** The Secretary of Agriculture shall investigate and submit to Congress a report on—
(1) the scope of nonambulatory livestock;
(2) the causes that render livestock nonambulatory;
(3) the humane treatment of nonambulatory livestock; and
(4) the extent to which nonambulatory livestock may present handling and disposition problems for stockyards, market agencies, and dealers.
**(b) Authority** Based on the findings of the report, if the Secretary determines it necessary, the Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of nonambulatory livestock by stockyards, market agencies, and dealers.
**(c) Administration and enforcement** For the purpose of administering and enforcing any regulations promulgated under subsection (b), the authorities provided under sections 10414 [[7 U.S.C. 8313](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8313&num=0&edition=prelim)] and 10415 [[7 U.S.C. 8314](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8314&num=0&edition=prelim)] shall apply to the regulations in a similar manner as those sections apply to the Animal Health Protection Act [[7 U.S.C. 8301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8301&num=0&edition=prelim) et seq.]. Any person that violates regulations promulgated under subsection (b) shall be subject to penalties provided in section 10414.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may establish a veterinary accreditation program that is consistent with this chapter, including the establishment of standards of conduct for accredited veterinarians.
**(b) Consultation** The Secretary shall consult with State animal health officials and veterinary professionals regarding the establishment of the veterinary accreditation program.
**(c) Suspension or revocation of accreditation**
(1) **In general** — The Secretary may, after notice and opportunity for a hearing on the record, suspend or revoke the accreditation of any veterinarian accredited under this title 11 See References in Text note below. who violates this chapter.
(2) **Final order** — The order of the Secretary suspending or revoking accreditation shall be treated as a final order reviewable under chapter 158 of title 28.
(3) **Summary suspension**
(A) *In general* — The Secretary may summarily suspend the accreditation of a veterinarian whom the Secretary has reason to believe knowingly violated this chapter.
(B) *Hearings* — The Secretary shall provide the veterinarian with a subsequent notice and an opportunity for a prompt post-suspension hearing on the record.
**(d) Application of penalty provisions** The criminal and civil penalties described in [section 8313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8313&num=0&edition=prelim) shall not apply to a violation of this section that is not a violation of any other provision of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2197
TITLE 7—AGRICULTURE
§ 8313
(A) be credited to the account that incurs
the costs; and
(B) remain available until expended, with-
out fiscal year limitation.
(Pub. L. 107–171, title X, § 10412, May 13, 2002, 116
Stat. 503; Pub. L. 114–125, title VIII, § 818(b), Feb.
24, 2016, 130 Stat. 222.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(1), was in the
original
‘‘this
subtitle’’,
meaning
subtitle
E
(§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002,
116 Stat. 494, which is classified principally to this
chapter. For complete classification of subtitle E to
the Code, see Short Title note set out under section
8301 of this title and Tables.
AMENDMENTS
2016—Subsec. (b). Pub. L. 114–125 amended subsec. (b)
generally. Prior to amendment, text read as follows:
‘‘Funds collected for preclearance activities shall—
‘‘(1) be credited to accounts that may be established
by the Secretary for carrying out this section; and
‘‘(2) remain available until expended for the
preclearance activities, without fiscal year limita-
tion.’’
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of functions of the Secretary of Agri-
culture relating to agricultural import and entry in-
spection activities under this chapter to the Secretary
of Homeland Security, and for treatment of related ref-
erences, 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.
§ 8312. Administration and claims
(a) Administration
To carry out this chapter, the Secretary
may—
(1) acquire and maintain real or personal
property;
(2) employ a person;
(3) ma
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