§7734 Penalties for violation

Summary

People who knowingly break these rules can face criminal punishment. If someone forges, alters, or uses without permission any required certificate or permit, they can be fined under title 18, jailed up to 1 year, or both. If someone knowingly imports, moves, or sells regulated plants, plant products, pests, noxious weeds, biological control organisms, or related articles in violation of the rules, they can be fined under title 18, jailed up to 5 years, or both. A second or later conviction for those kinds of violations can bring a fine under title 18 and up to 10 years in prison, or both. The Secretary can also impose civil fines after giving notice and a hearing. The fine will be the larger of two amounts: specific dollar caps or twice the money gained or lost because of the violation. The dollar caps are $50,000 for an individual (but no more than $1,000 for an individual’s first non‑profit move of regulated articles), $250,000 for any other person per violation, $500,000 total for all violations in one case if none are willful, and $1,000,000 total if any are willful. The Secretary will weigh how bad the violation was and may consider ability to pay, effect on the business, past violations, blameworthiness, and other factors. The Secretary may reduce or cancel a civil penalty. The Secretary’s penalty order is final and can be reviewed under chapter 158 of title 28. Unpaid penalties earn interest at the U.S. civil‑judgment rate. An act by an employee or agent counts as the act of the employer. The Secretary must work with the Attorney General to make rules about when to use civil fines or warnings instead of criminal prosecution.