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7 U.S.C. § 13cResponsibility as principal; minor violations

submitted 104 years ago by Pub. L. 90-258 to r/title-7-AGRICULTURE · 228 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who commits, helps commit, or knowingly causes a violation of this law can be held responsible as if they did it themselves. Anyone who controls a violator can also be held liable, unless the Commission proves they acted in bad faith or knowingly caused the violation. The Commission doesn't have to prosecute every minor violation.

This section spreads legal responsibility beyond just the direct violator. (a) Anyone who commits a violation of this chapter or its rules, or who willfully helps, encourages, orders, induces, or arranges for someone else to commit one, or who acts together with someone else in committing one, or who willfully causes an act, or a failure to act, that would be a violation if they had done it themselves, can be held responsible for that violation as a principal. (b) Anyone who directly or indirectly controls a person who violated this chapter or its rules can also be held liable for that violation, in a Commission enforcement action, to the same extent as the person they control. In that action, the Commission has the burden of proving the controlling person did not act in good faith, or that they knowingly caused the violation, directly or indirectly. (c) This chapter does not require the Commission to refer minor violations for prosecution whenever the public interest does not require it.
the actual law source: uscode.house.gov ↗public domain
(a)

Any person who commits, or who willfully aids, abets, counsels, commands, induces, or procures the commission of, a violation of any of the provisions of this chapter, or any of the rules, regulations, or orders issued pursuant to this chapter, or who acts in combination or concert with any other person in any such violation, or who willfully causes an act to be done or omitted which if directly performed or omitted by him or another would be a violation of the provisions of this chapter or any of such rules, regulations, or orders may be held responsible for such violation as a principal.

(b)

Any person who, directly or indirectly, controls any person who has violated any provision of this chapter or any of the rules, regulations, or orders issued pursuant to this chapter may be held liable for such violation in any action brought by the Commission to the same extent as such controlled person. In such action, the Commission has the burden of proving that the controlling person did not act in good faith or knowingly induced, directly or indirectly, the act or acts constituting the violation.

(c)

Nothing in this chapter shall be construed as requiring the Commission or the Commission 1 to report minor violations of this chapter for prosecution, whenever it appears that the public interest does not require such action.

Source credit: (Sept. 21, 1922, ch. 369, § 13, as added Pub. L. 90–258, § 26, Feb. 19, 1968, 82 Stat. 34; amended Pub. L. 93–463, title I, § 103(a), (b), Oct. 23, 1974, 88 Stat. 1392; Pub. L. 97–444, title II, § 230, Jan. 11, 1983, 96 Stat. 2319; Pub. L. 102–546, title IV, § 402(1)(D), (9)(C), Oct. 28, 1992, 106 Stat. 3624, 3625.)

history & why it existsrecord from the source credit
  • 1922Enacted · Pub. L. 90-258 · 82 Stat. 34
  • 1974Amended · Pub. L. 93-463 · 88 Stat. 1392
  • 1983Amended · Pub. L. 97-444 · 96 Stat. 2319
  • 1992Amended · Pub. L. 102-546 · 106 Stat. 3624, 3625

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-258 on 1922-09-21.

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