Page:United States Statutes at Large Volume 116 Part 1.djvu/682

 116 STAT. 656 PUBLIC LAW 107-188-JUNE 12, 2002 Deadlines. Rules. 7 USC 8401 note. (1) IN GENERAL.—In addition to any other penalties that may apply under law, any person who violates any provision of regulations under subsection (b) or (c) shall be subject to the United States for a civil money penalty in an amount not exceeding $250,000 in the case of an individual and $500,000 in the case of any other person. (2) APPLICABILITY OF CERTAIN PROVISIONS.—The provisions of sections 423 and 425(2) of the Plant Protection Act (7 U.S.C. 7733 and 7735(2)) shall apply to a civil money penalty or activity under paragraph (1) in the same msinner as such provisions apply to a penalty or activity under the Plant Protection Act. 0') NOTIFICATION IN EVENT OF RELEASE.— Regulations under subsections (b) and (c) shall require the prompt notification of the Secretary by a registered person whenever a release, meeting criteria established by the Secretary, of a listed agent or toxin has occurred outside of the biocontainment area of a facility of the registered person. Upon receipt of such notification and a finding by the Secretary that the release poses a threat to animal or plant health, or animal or plant products, the Secretary shall take appropriate action to notify relevant Federal, State, and local authorities, and, if necessary, other appropriate persons (including the public). If the released listed agent or toxin is an overlap agent or toxin, the Secretary shall promptly notify the Secretary of Health and Human Services upon notification by the registered person. (k) REPORTS.— The Secretary shall report to the Congress annually on the number and nature of notifications received under subsection (e)(8) (relating to theft or loss) and subsection (j) (relating to releases). (1) DEFINITIONS. —For purposes of this section: (1) The terms "biological agent" and "toxin" have the meanings given such terms in section 178 of title 18, United States Code. (2) The term "listed agents and toxins" means biological agents and toxins listed pursuant to subsection (a)(1). (3) The term "listed agents or toxins" means biological agents or toxins listed pursuant to subsection (a)(1). (4) The terms "overlap agents and toxins" and "overlap agent or toxin" have the meaning given such terms in subsection (g)(l)(A)(ii). (5) The term "person" includes Federal, State, and local governmental entities. (6) The term "registered person" means a person registered under regulations under subsection (b) or (c). (7) The term "Secretary" means the Secretary of Agriculture. (m) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2007, in addition to other funds that may be available. SEC. 213. IMPLEMENTATION BY DEPARTMENT OF AGRICULTURE. (a) DATE CERTAIN FOR PROMULGATION OF LIST. —Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture (referred to in this section as the "Secretary") shall promulgate an interim final rule that establishes the initial list

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