§7734 Penalties for Violation

Summary

Breaking the rules about plants, plant products, pests, or the required permits and papers can lead to criminal charges. If someone knowingly breaks the rules or forges or misuses documents they can be fined under Title 18, jailed up to 1 year, or both. If someone knowingly imports, moves, or exports regulated plants or pests for sale or distribution, they can be fined under Title 18, jailed up to 5 years, or both. A second or later criminal conviction for these offenses can bring fines under Title 18 and up to 10 years in prison, or both. The Secretary can also impose civil fines after notice and a hearing. Maximum penalties are: $50,000 for an individual (but no more than $1,000 for an initial noncommercial move of regulated items), $250,000 for other persons per violation, $500,000 total in one proceeding if no willful violation, and $1,000,000 total if a willful violation is included. Alternatively, the fine can be twice the gross gain or twice the gross loss caused. The Secretary will consider factors like ability to pay, effect on doing business, prior violations, degree of fault, and other relevant facts. The Secretary may reduce or cancel penalties. Penalty orders are final but reviewable under chapter 158 of Title 28; unpaid penalties accrue interest at the U.S. civil judgment rate. Employers are responsible for acts by their agents done on the job. The Secretary must work with the Attorney General to make guidelines on when to issue civil penalties or warnings instead of criminal prosecution.