§1041 Enforcement Provisions

Summary

People who break the rules in section 1037 can be sent to jail or fined. For most violations the penalty is up to one year in jail, a fine up to $5,000, or both. If the crime involved trying to cheat (intent to defraud) or giving out something known to be adulterated, the penalty is up to three 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 law can be fined up to $5,000, jailed up to three years, or both. If a deadly or dangerous weapon is used, the punishment can be up to $10,000 or up to ten years in jail. If someone is killed while the official is doing their job, the killer is punished under sections 1111 and 1112 of title 18 of the United States Code. The Secretary can also impose civil fines up to $5,000 for each non-criminal violation. Before a fine, the person must get notice and a formal hearing. The Secretary decides the amount based on how serious the violation was, how blameworthy the person is, and past offenses. A person has 30 days after the Secretary’s order to ask the U.S. court of appeals for a review. If the fine becomes final and is not paid, the Attorney General will sue to collect it, and the court will not re‑decide whether the fine was valid. Collected fines go to the U.S. Treasury. The Secretary can reduce or forgive fines. The rules about civil fines do not apply to an official plant. Employers are responsible for acts by their employees while on the job. Carriers and warehousemen who handle eggs or egg products for others are not normally liable unless they knew (or should have known) of a violation or refuse to give the supplier’s name, address, and delivery papers when asked by the Secretary.