§1041 Enforcement provisions

Summary

People who commit the offenses described in section 1037 face jail and fines. For most violations the penalty is up to 1 year in jail, a fine up to $5,000, or both. If the crime was done to defraud, or involved distributing an article known to be adulterated (except as defined in section 1033(a)(8)), the penalty is up to 3 years in jail, a fine up to $10,000, or both. Anyone who attacks, resists, or interferes with an official doing their job under this chapter can be fined up to $5,000 or jailed up to 3 years, or both. Using a deadly or dangerous weapon in such an act raises the penalty to a fine up to $10,000 or up to 10 years in jail, or both. If a person is killed while performing official duties, the punishment follows 18 U.S.C. 1111 and 1112. Civil fines may be imposed for violations that do not carry criminal penalties. The Secretary may order civil penalties up to $5,000 for each violation. A person must get notice and a hearing under 5 U.S.C. 554 and 556 before a penalty is assessed. The Secretary’s written order will consider how serious the violation was, the person’s fault, and past violations. The person can ask a U.S. Court of Appeals for review within 30 days after the order is served, in the circuit where they have their main business or in the D.C. Circuit. If the penalty becomes final and is not paid, the Secretary will refer the case to the Attorney General, who must sue in federal district court to collect it; the court may not relitigate the Secretary’s order. Collected fines go to the U.S. Treasury. The Secretary may settle, reduce, or cancel penalties. The civil-penalty rules do not apply to an official plant. Employers are responsible for acts done by their workers in the scope of work. Carriers and warehousemen who handle eggs or egg products for others are not liable for penalties except for certain violations (including section 1040 and subsection (c)) if they knew or had reason to know the goods were ineligible, or if they refuse to give the Secretary the supplier’s name and delivery documents.