7 U.S.C. § 2279e: Civil penalty

Summary

If someone harms or interferes with an animal used in official inspections, they can be fined up to $10,000 after being given notice and a chance for a formal hearing on the record. The Secretary deciding the fine will consider how serious and extensive the offense was. The Secretary can reduce, change, or cancel the penalty. The Secretary’s order is final and can be reviewed under chapter 158 of title 28. Unpaid penalties will accrue interest at the rate used for civil judgments in U.S. courts. “Secretary concerned” means the Secretary of Agriculture for Agriculture inspections and the Secretary of Homeland Security for Homeland Security inspections.

Title 7, §2279e

Agriculture, Source: USLM XML via OLRC

(a)In general

Any person that causes harm to, or interferes with, an animal used for the purposes of official inspections by the Department of Agriculture or the Department of Homeland Security, may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary of Agriculture or the Secretary of Homeland Security not to exceed $10,000.

(b)Factors in determining civil penalty

In determining the amount of a civil penalty, the Secretary concerned shall take into account the nature, circumstance, extent, and gravity of the offense.

(c)Settlement of civil penalties

The Secretary concerned may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this section.

(d)Finality of orders

(1)In general

The order of the Secretary concerned assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. The validity of the order of the Secretary concerned may not be reviewed in an action to collect the civil penalty.

(2)Interest

Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judgments of the courts of the United States.

(e)Secretary concerned defined

In this section and section 2279f of this title, the term “Secretary concerned” means—

(1)the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and

(2)the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–296, § 421(h)(1), inserted “or the Department of Homeland Security” after “Department of Agriculture” and “or the Secretary of Homeland Security” after “Secretary of Agriculture”. Subsecs. (b) to (d)(1). Pub. L. 107–296, § 421(h)(2), substituted “Secretary concerned” for “Secretary” wherever appearing. Subsec. (e). Pub. L. 107–296, § 421(h)(3), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an

Effective Date

note under section 101 of Title 6, Domestic Security.

§2279e Civil Penalty

Summary

Title 7, §2279e

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata