7 U.S.C. § 2279e — Civil penalty
submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 276 words · no verdicts yet
A person who harms or interferes with an animal used in official Agriculture or Homeland Security inspections may face a civil penalty of up to $10,000 after notice and a hearing. The section sets penalty factors, settlement authority, interest, review, and the meaning of “Secretary concerned.”
(a) After notice and an opportunity for a hearing on the record, the Secretary of Agriculture or Homeland Security may assess up to a $10,000 civil penalty against a person who harms or interferes with an animal used for official inspections by that Department. (b) The responsible Secretary must consider the offense’s nature, circumstances, extent, and gravity. (c) The Secretary may compromise, modify, or forgive the penalty, with or without conditions. (d)(1) The penalty order is a final order reviewable under title 28, chapter 158; its validity may not be reviewed in an action to collect it. (2) An unpaid penalty accrues interest until paid at the rate for United States court civil judgments. (e) “Secretary concerned” means the Agriculture Secretary for an animal used in Agriculture Department inspections and the Homeland Security Secretary for an animal used in Homeland Security inspections. The section does not otherwise define the quoted term.
Any person that causes harm to, or interferes with, an animal used for the purposes of official inspections by the Department of Agriculture or the Department of Homeland Security, may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary of Agriculture or the Secretary of Homeland Security not to exceed $10,000.
In determining the amount of a civil penalty, the Secretary concerned shall take into account the nature, circumstance, extent, and gravity of the offense.
The Secretary concerned may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this section.
The order of the Secretary concerned assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. The validity of the order of the Secretary concerned 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.
In this section and section 2279f of this title, the term “Secretary concerned” means—
the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and
the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.
Source credit: (Pub. L. 106–224, title V, § 501, June 20, 2000, 114 Stat. 455; Pub. L. 107–296, title IV, § 421(h), Nov. 25, 2002, 116 Stat. 2184.)
- 2000Enacted · Pub. L. 106-224 · 114 Stat. 455
- 2002Amended · Pub. L. 107-296 · 116 Stat. 2184
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2000-06-20.
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