6 U.S.C. § 488e — Prohibitions and penalty

(a) Prohibitions. (1) No one may purchase ammonium nitrate from an ammonium nitrate facility unless registered under section 488a(c) or (d) of this title, or unless acting as an agent of someone who is registered. (2) A facility owner may not transfer ammonium nitrate to a purchaser, or to a purchaser's agent, who isn't registered under section 488a(c) or (d). (3) No one may: purchase ammonium nitrate without the required registration number; own or operate an ammonium nitrate facility without the required registration number under section 488a(c); or otherwise fail to comply with any requirement, or violate any other prohibition, of this part. (b) Civil penalty. A person who violates this part may be assessed a civil penalty by the Secretary of up to $50,000 per violation. (c) Penalty considerations. In deciding the penalty amount, the Secretary must consider: the nature and circumstances of the violation; the violator's history of prior violations, ability to pay the penalty, and the effect the penalty is likely to have on their ability to do business; and any other matter justice requires. (d) Notice and hearing. No civil penalty may be assessed unless the person liable is first given notice and an opportunity for a hearing, held in the county, parish, or incorporated city where that person lives. (e) Delayed effect. The prohibitions in subsection (a)(1) and (2) — on purchasing without registration and transferring to unregistered purchasers — only take effect starting six months after the Secretary issues a final rule implementing this part.