Page:United States Statutes at Large Volume 96 Part 2.djvu/1162

 96 STAT. 2524

PUBLIC LAW 97-461—JAN. 12, 1983

certificate, or who, without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate, may be assessed a Notice; hearing. civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil penalty 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 28 USC 2341 et title 28, United States Code. The validity of such order may not be seq. reviewed in an action to collect such civil penalty. It". SEC. 3. The Act of January 31, 1942 (7 U.S.C. 149), is amended by C inserting "(a)" after "That"; and D (2) adding at the end the following new subsection: "(b)(l) Any person who knowingly violates any rule or regulation promulgated under subsection (a) 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. "(2) Any person who violates any such rule or regulation may be assessed a civil penalty by the Secretary of Agriculture not exceedNotice; hearing. ing $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable 28 USC 2341 et under chapter 158 of title 28, United States Code. The validity of 8eq. such order may not be reviewed in an action to collect such civil penalty.". SEC. 4. Section 6 of the Act of August 30, 1890 (21 U.S.C. 104), is amended by striking out the last sentence and inserting in lieu thereof the following: "Any person who knowingly violates any 21 USC 102, 103, provision of this section or sections 7 through 10 of this Act or any 101,105. regulation prescribed by the Secretary of Agriculture under any such section shall be guilty of a misdemeanor and shall, on conviction, be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. Any person who violates any such provision or any such regulation may be assessed a civil penalty by Notice; hearing. the Secretary of Agriculture not exceeding $1,000. The Secretary may issue an order assessing such civil pen^ty 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 28 USC 2341 et title 28, United States Code. The validity of such order may not be seq. reviewed in an action to collect such civil penalty.". SEC. 5. Section 7 of the Act of May 29, 1884 (21 U.S.C. 117), commonly known as the Animal Industry Act, is amended by— (1) inserting "(a)" after "SEC. 7."; (2) inserting "or the rules and regulations prescribed by the Secretary of Agriculture under such section" after "Act"; and (3) adding at the end the following new subsection: "(b) Any person or persons operating any railroad, or master or owner of any boat or vessel, or owner or custodian of, or person having control over, cattle or other livestock or live poultry who 21 USC 115. shall violate the provisions of section 6 of this Act or the rules and regulations prescribed by the Secretary of Agriculture under such section may be assessed a civil penalty by the Secretary of not more Notice; hearing. than $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable 28 USC 2341 et under chapter 158 of title 28, United States Code. The validity of seq. such order may not be reviewed in an action to collect such civil penalty.".

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