7 U.S.C. § 87c — Criminal penalties

submitted 110 years ago by Pub. L. 90-487 to r/title-7-AGRICULTURE · 208 words · no verdicts yet

in plain englishAI-generated · not legal advice

Breaking most of the grain-inspection rules in section 87b is a felony. Violators can face up to 5 years in prison, a $20,000 fine, or both. The Secretary can use a warning instead of criminal charges for minor violations.

(a) Anyone who commits an offense banned under section 87b is guilty of a felony and can be sentenced to up to 5 years in prison, a fine of up to $20,000, or both. Exception: violations of section 87b(a)(7), (a)(8), and (b)(4) — improperly influencing officials, assaulting them, or taking bribes — are instead punished under the general federal criminal laws in Title 18. (b) The Secretary does not have to report minor violations for criminal prosecution if a written notice or warning would adequately serve the public interest. The Secretary also does not have to report a violation for prosecution if starting a license-suspension proceeding under section 86 would achieve compliance instead, and the Secretary starts that proceeding. (c) Any Agriculture Department officer or employee assigned to weighing duties under this chapter is treated, for purposes of 18 U.S.C. §§1114 and 111 (crimes against federal officers), the same as an employee assigned to inspection duties.

the actual law source: uscode.house.gov ↗public domain

(a)

Any person who commits any offense prohibited by section 87b of this title (except an offense prohibited by paragraphs (a)(7), (a)(8), and (b)(4) in which case the person shall be subject to the general penal statutes in title 18 relating to crimes and offenses against the United States) shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine.

(b)

Nothing in this chapter shall be construed as requiring the Secretary to report minor violations of this chapter for criminal prosecution whenever the Secretary believes that the public interest will be adequately served by a suitable written notice or warning, or to report any violation of this chapter for prosecution when the Secretary believes that institution of a proceeding under section 86 of this title will obtain compliance with this chapter and the Secretary institutes such a proceeding.

(c)

Any officer or employee of the Department of Agriculture assigned to perform weighing functions under this chapter shall be considered as an employee of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of Title 18.

Source credit: (Aug. 11, 1916, ch. 313, pt. B, § 14, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 767; amended Pub. L. 94–582, § 17, Oct. 21, 1976, 90 Stat. 2884; Pub. L. 103–156, §§ 8, 12(m), Nov. 24, 1993, 107 Stat. 1527, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

history & why it existsrecord from the source credit

1916Enacted · Pub. L. 90-487 · 82 Stat. 767
1976Amended · Pub. L. 94-582 · 90 Stat. 2884
1993Amended · Pub. L. 103-156 · 107 Stat. 1527, 1529
1994Amended · Pub. L. 103-354 · 108 Stat. 3237

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-487 on 1916-08-11.

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