Page:United States Statutes at Large Volume 96 Part 2.djvu/1161

 PUBLIC LAW 97-461—JAN. 12, 1983 Public Law 97-461 97th Congress

96 STAT. 2523

An Act

To authorize the Secretary of Agriculture to assess civil penalties with respect to violations of certain Acts relating to the prevention of the introduction and dissemination into the United States of plant pests, plant diseases, and livestock and poultry diseases, to increase the eunount of criminal fines which may be imposed with respect to violations of such Acts, and for other purposes.

Jan. 12, 1983 [H.R. 6679]

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled, That (a) section Plant, livestock 108(a) of the Federal Plant Pest Act (7 U.S.C. 150bb(a)) is amended and poultry diseases, civil by striking out "knowingly" each place it appears. penalties for (b) Section 108 of the Federal Plant Pest Act (7 U.S.C. 150gg) is introduction and dissemination. amended to read as follows: "SEC. 108. (a) Any person who— "(1) knowingly violates section 103 of this Act or any regula- 7 USC 150bb. tion promulgated under this Act; "(2) knowingly forges or counterfeits any permit or other document provided for by this Act or by any such regulation; or "(3) knowingly and without the authority of the Secretary, uses, alters, or defaces any such permit or document; shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. "(b) Any person who— "(1) violates section 103 of this Act or any regulation promulgated under this Act; "(2) forges or counterfeits any permit or other document provided for by this Act or by any such regulation; or "(3) without the authority of the Secretary, uses, alters, or defaces any such permit or document; may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil pen- Notice; hearing, alty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of 28 USC 2341 et such order may not be reviewed in an action to collect such civil penalty.". SEC. 2. The first paragraph of section 10 of the Act of August 20, 1912 (7 U.S.C. 163, 164), commonly known as the Plant Quarantine Act, is amended by striking out "That any person" and all that follows through "; and it" and inserting in lieu thereof the following: "That any person who knowingly violates any provision of this Act or any rule or regulation promulgated by the Secretary of Agriculture under this Act, or who knowingly forges or counterfeits any certificate provided for in this Act or in any such rule or regulation, or who, knowingly and without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. Any person who violates any such provision, rule, or regulation, or who forges or counterfeits any such

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