Sec. 899F. PROHIBITIONS AND PENALTY
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## SEC. 899F PROHIBITIONS AND PENALTY **[**[6 U.S.C. 488e](/us/usc/t6/s488e)**]** ###
(a)Prohibitions ####
(1)Taking possession No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection
(c)or
(d)of section 899B, or is an agent of a person registered under subsection
(c)or
(d)of that section. ####
(2)Transferring possession An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection
(c)or
(d)of section 899B, or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection
(c)or
(d)of section 899B. ####
(3)Other prohibitions No person shall— #####
(A)purchase ammonium nitrate without a registration number required under subsection
(c)or
(d)of section 899B; #####
(B)own or operate an ammonium nitrate facility without a registration number required under section 899B(c); or #####
(C)fail to comply with any requirement or violate any other prohibition under this subtitle. ###
(b)Civil Penalty A person that violates this subtitle may be assessed a civil penalty by the Secretary of not more than $50,000 per violation. ###
(c)Penalty Considerations In determining the amount of a civil penalty under this section, the Secretary shall consider— ####
(1)the nature and circumstances of the violation; ####
(2)with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and ####
(3)any other matter that the Secretary determines that justice requires. ###
(d)Notice and Opportunity for a Hearing No civil penalty may be assessed under this subtitle unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person. ###
(e)Delay in Application of Prohibition Paragraphs
(1)and
(2)of subsection
(a)shall apply on and after the date that is 6 months after the date that the Secretary issues a final rule implementing this subtitle.
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Sec. 899F
PROHIBITIONS AND PENALTY
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