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42 U.S.C. § 271Penalties for violation of quarantine laws

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 281 words · no verdicts yet

in plain englishAI-generated · not legal advice

Breaking federal quarantine rules is a crime, with fines or up to a year in jail. Ships that break quarantine rules can be seized and forfeited, up to $5,000. The Surgeon General can forgive or reduce that ship penalty.

(a) Penalties for persons violating quarantine laws. Anyone who violates a regulation under sections 264 to 266, or violates section 269 or its regulations, or who enters or leaves a quarantine station, ground, or anchorage against the rules or without the quarantine officer's permission, faces a fine of up to $1,000, up to one year in prison, or both. (b) Penalties for vessels violating quarantine laws. A vessel that violates section 269 or its regulations, or the regulations under section 267, or that enters or leaves a quarantine station, ground, or anchorage against the rules or without permission, can be forced to forfeit up to $5,000 to the United States. A court sets the exact amount, and it becomes a lien on the vessel, recovered through proceedings in the proper U.S. district court. The U.S. Attorney represents the government in these cases, which follow the same rules as forfeiture cases for violating U.S. revenue laws. (c) Remittance or mitigation of forfeitures. With the Secretary's approval, the Surgeon General can, on request, forgive or reduce a forfeiture under subsection (b), and has the authority to investigate the facts behind any such request.
the actual law source: uscode.house.gov ↗public domain
(a) Penalties for persons violating quarantine laws

Any person who violates any regulation prescribed under sections 264 to 266 of this title, or any provision of section 269 of this title or any regulation prescribed thereunder, or who enters or departs from the limits of any quarantine station, ground, or anchorage in disregard of quarantine rules and regulations or without permission of the quarantine officer in charge, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.

(b) Penalties for vessels violating quarantine laws

Any vessel which violates section 269 of this title, or any regulations thereunder or under section 267 of this title, or which enters within or departs from the limits of any quarantine station, ground, or anchorage in disregard of the quarantine rules and regulations or without permission of the officer in charge, shall forfeit to the United States not more than $5,000, the amount to be determined by the court, which shall be a lien on such vessel, to be recovered by proceedings in the proper district court of the United States. In all such proceedings the United States attorney shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States.

(c) Remittance or mitigation of forfeitures

With the approval of the Secretary, the Surgeon General may, upon application therefor, remit or mitigate any forfeiture provided for under subsection (b) of this section, and he shall have authority to ascertain the facts upon all such applications.

Source credit: (July 1, 1944, ch. 373, title III, § 368, 58 Stat. 706; June 25, 1948, ch. 646, § 1, 62 Stat. 909; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)

history & why it existsrecord from the source credit
  • 1944Enacted · Act of July 1, 1944, ch. 373 · 58 Stat. 706
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 909

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

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