7 U.S.C. § 2149 — Violations by licensees

Page 1419 TITLE 7—AGRICULTURE § 2149 (1) be subject to penalties under section 2149 of this title; and (2) provide for the care (including appro- priate veterinary care), forfeiture, and adop- tion of each applicable dog, at the expense of the importer. (Pub. L. 89–544, § 18, as added Pub. L. 110–234, title XIV, § 14210(a), May 22, 2008, 122 Stat. 1464, and Pub. L. 110–246, § 4(a), title XIV, § 14210(a), June 18, 2008, 122 Stat. 1664, 2226.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 2148, Pub. L. 89–544, § 18, Aug. 24, 1966, 80 Stat. 352, prohibited any construction of this chapter which would authorize the Secretary to promulgate rules, regulations, or orders for the handling, care, treatment, or inspection of animals during research or experimentation, prior to repeal by Pub. L. 91–579, §§ 19, 23, Dec. 24, 1970, 84 Stat. 1564, 1565, effective one year after Dec. 24, 1970. See section 2143 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. Pub. L. 110–234, title XIV, § 14210(b), May 22, 2008, 122 Stat. 1464, and Pub. L. 110–246, § 4(a), title XIV, § 14210(b), June 18, 2008, 122 Stat. 1664, 2226, provided that: ‘‘The amendment made by subsection (a) [enact- ing this section] takes effect on the date of the enact- ment of this Act [June 18, 2008].’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] § 2149. Violations by licensees (a) Temporary license suspension; notice and hearing; revocation If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, or oper- ator of an auction sale subject to section 2142 of this title, has violated or is violating any provi- sion of this chapter, or any of the rules or regu- lations or standards promulgated by the Sec- retary hereunder, he may suspend such person’s license temporarily, but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such vio- lation is determined to have occurred. (b) Civil penalties for violation of any section, etc.; separate offenses; notice and hearing; appeal; considerations in assessing penalty; compromise of penalty; civil action by Attor- ney General for failure to pay penalty; dis- trict court jurisdiction; failure to obey cease and desist order Any dealer, exhibitor, research facility, inter- mediate handler, carrier, or operator of an auc- tion sale subject to section 2142 of this title, that violates any provision of this chapter, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation, and the Sec- retary may also make an order that such person shall cease and desist from continuing such vio- lation. Each violation and each day during which a violation continues shall be a separate offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclu- sive unless the affected person files an appeal from the Secretary’s order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriate- ness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person’s good faith, and the history of previous violations. Any such civil penalty may be compromised by the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any dis- trict in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. Any person who know- ingly fails to obey a cease and desist order made by the Secretary under this section shall be sub- ject to a civil penalty of $1,500 for each offense, and each day during which such failure con- tinues shall be deemed a separate offense. (c) Appeal of final order by aggrieved person; limitations; exclusive jurisdiction of United States Courts of Appeals Any dealer, exhibitor, research facility, inter- mediate handler, carrier, or operator of an auc- tion sale subject to section 2142 of this title, ag- grieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of sections 2341, 2343 through 2350 of title 28, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary’s order. (d) Criminal penalties for violation; initial pros- ecution brought before United States mag- istrate judges; conduct of prosecution by at- torneys of United States Department of Agri- culture Any dealer, exhibitor, or operator of an auc- tion sale subject to section 2142 of this title, who knowingly violates any provision of this chapter shall, on conviction thereof, be subject to im- prisonment for not more than 1 year, or a fine of not more than $2,500, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrate judges as provided in section 636 of title 28, and sections 3401 and 3402 of title 18, and, with the consent of the Attorney Gen- Page 1420 TITLE 7—AGRICULTURE § 2150 eral, may be conducted, at both trial and upon appeal to district court, by attorneys of the United States Department of Agriculture. (Pub. L. 89–544, § 19, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 20, Dec. 24, 1970, 84 Stat. 1564; Pub. L. 94–279, § 13, Apr. 22, 1976, 90 Stat. 420; Pub. L. 99–198, title XVII, § 1755, Dec. 23, 1985, 99 Stat. 1650; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 110–234, title XIV, § 14214, May 22, 2008, 122 Stat. 1466; Pub. L. 110–246, § 4(a), title XIV, § 14214, June 18, 2008, 122 Stat. 1664, 2228.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS Subsec. (b). Pub. L. 110–246, § 14214, substituted ‘‘$10,000’’ for ‘‘$2,500’’. 1985—Subsec. (b). Pub. L. 99–198, § 1755(a), substituted ‘‘$2,500 for each such violation’’ for ‘‘$1,000 for each such violation’’ in first sentence and directed the substi- tution of ‘‘$1,500 for each offense’’ for ‘‘$500 for each of- fense’’ in sixth sentence, which was executed to the seventh sentence as the probable intent of Congress. Subsec. (d). Pub. L. 99–198, § 1755(b), substituted ‘‘$2,500’’ for ‘‘$1,000’’. 1976—Subsec. (a). Pub. L. 94–279 substituted provi- sions covering violations by licensees, temporary li- cense suspension, notice and hearing, and license rev- ocation for provisions relating to violations by dealers, exhibitors, operators of auction sales, cease and desist orders, license suspension, and civil penalties. Subsec. (b). Pub. L. 94–279 substituted provisions cov- ering civil penalties, notice and hearing, appeal, con- siderations in assessing penalties, compromising pen- alties, civil action by Attorney General for failure to pay penalty, district court jurisdiction, and failure to obey cease and desist orders for provisions relating to judicial review of final orders by the Secretary. Subsec. (c). Pub. L. 94–279 substituted provisions cov- ering appeal of final orders by aggrieved persons, limi- tations, and exclusive jurisdiction of the United States Courts of Appeals for provisions relating to criminal penalties. Subsec. (d). Pub. L. 94–279 added subsec. (d). 1970—Pub. L. 91–579 added exhibitors and operators of auction sales to the enumeration of covered persons, added civil penalties for failure to obey a cease and de- sist order of the Secretary, and changed the procedure for judicial review. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in subsec. (d) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective one year after Dec. 23, 1985, see section 1759 of Pub. L. 99–198, set out as a note under section 2131 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–579 effective 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title. § 2150. Repealed. Pub. L. 94–279, § 14, Apr. 22, 1976, 90 Stat. 421 Section, Pub. L. 89–544, § 20, Aug. 24, 1966, 80 Stat. 353; Pub. L. 91–579, § 21, Dec. 24, 1970, 84 Stat. 1565, provided for issuance of cease and desist orders if Secretary had reason to believe that any research facility had vio- lated any provision of this chapter, provided for a civil penalty, and provided appeal mechanism by which ag- grieved person may have judicial review of such final order by Secretary. See section 2149 of this title. § 2151. Rules and regulations The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem necessary in order to effectuate the pur- poses of this chapter. (Pub. L. 89–544, § 21, Aug. 24, 1966, 80 Stat. 353.) § 2152. Separability If any provision of this chapter or the applica- tion of any such provision to any person or cir- cumstances shall be held invalid, the remainder of this chapter and the application of any such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (Pub. L. 89–544, § 22, Aug. 24, 1966, 80 Stat. 353.) § 2153. Fees and authorization of appropriations The Secretary shall charge, assess, and cause to be collected reasonable fees for licenses issued. Such fees shall be adjusted on an equi- table basis taking into consideration the type and nature of the operations to be licensed and shall be deposited and covered into the Treasury as miscellaneous receipts. There are hereby au- thorized to be appropriated such funds as Con- gress may from time to time provide: Provided, That there is authorized to be appropriated to the Secretary of Agriculture for enforcement by the Department of Agriculture of the provisions of section 2156 of this title an amount not to ex- ceed $100,000 for the transition quarter ending September 30, 1976, and not to exceed $400,000 for each fiscal year thereafter. (Pub. L. 89–544, § 23, Aug. 24, 1966, 80 Stat. 353; Pub. L. 94–279, § 18, Apr. 22, 1976, 90 Stat. 423.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–279 authorized appropriations for the enforcement of section 2156 of this title. § 2154. Effective dates The regulations referred to in sections 2140 and 2143 of this title shall be prescribed by the Secretary as soon as reasonable but not later than six months from August 24, 1966. Additions and amendments thereto may be prescribed from time to time as may be necessary or advis- able. Compliance by dealers with the provisions of this chapter and such regulations shall com- mence ninety days after the promulgation of