§ 136l. Penalties

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(a)Civil penalties

(1)In general Any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who violates any provision of this subchapter may be assessed a civil penalty by the Administrator of not more than $5,000 for each offense.

(2)Private applicator Any private applicator or other person not included in paragraph

(1)who violates any provision of this subchapter subsequent to receiving a written warning from the Administrator or following a citation for a prior violation, may be assessed a civil penalty by the Administrator of not more than $1,000 for each offense, except that any applicator not included under paragraph

(1)of this subsection who holds or applies registered pesticides, or uses dilutions of registered pesticides, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served, and who violates any provision of this subchapter may be assessed a civil penalty by the Administrator of not more than $500 for the first offense nor more than $1,000 for each subsequent offense.

(3)Hearing No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in the county, parish, or incorporated city of the residence of the person charged.

(4)Determination of penalty In determining the amount of the penalty, the Administrator shall consider the appropriateness of such penalty to the size of the business of the person charged, the effect on the person’s ability to continue in business, and the gravity of the violation. Whenever the Administrator finds that the violation occurred despite the exercise of due care or did not cause significant harm to health or the environment, the Administrator may issue a warning in lieu of assessing a penalty.

(5)References to Attorney General In case of inability to collect such civil penalty or failure of any person to pay all, or such portion of such civil penalty as the Administrator may determine, the Administrator shall refer the matter to the Attorney General, who shall recover such amount by action in the appropriate United States district court.

(b)Criminal penalties

(1)In general

(A)Any registrant, applicant for a registration, or producer who knowingly violates any provision of this subchapter shall be fined not more than $50,000 or imprisoned for not more than 1 year, or both.

(B)Any commercial applicator of a restricted use pesticide, or any other person not described in subparagraph

(A)who distributes or sells pesticides or devices, who knowingly violates any provision of this subchapter shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both.

(2)Private applicator Any private applicator or other person not included in paragraph

(1)who knowingly violates any provision of this subchapter shall be guilty of a misdemeanor and shall on conviction be fined not more than $1,000, or imprisoned for not more than 30 days, or both.

(3)Disclosure of information Any person, who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 136a of this title, shall be fined not more than $10,000, or imprisoned for not more than three years, or both.

(4)Acts of officers, agents, etc. When construing and enforcing the provisions of this subchapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed.

(June 25, 1947, ch. 125, § 14, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 992; amended Pub. L. 95–396, § 17, Sept. 30, 1978, 92 Stat. 832; Pub. L. 100–532, title VI, § 604, Oct. 25, 1988, 102 Stat. 2678; Pub. L. 102–237, title X, § 1006(a)(8), Dec. 13, 1991, 105 Stat. 1895.)

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Sec. 14
PENALTIES

bill

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June 25, 1947, ch. 125, § 14
Pub. L. 92–516, § 2
86 Stat. 992
Pub. L. 95–396, § 17
92 Stat. 832
Pub. L. 100–532, title VI, § 604
102 Stat. 2678
Pub. L. 102–237, title X, § 1006(a)(8)
105 Stat. 1895
Pub. L. 102–237
Pub. L. 100–532
Pub. L. 95–396, § 17(1)
Pub. L. 95–396, § 17(2)
Pub. L. 95–396, § 17(4)
Pub. L. 95–396, § 17(3)
section 901 of Pub. L. 100–532
section 4 of Pub. L. 92–516

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cites case law

§ 136l

Penalties

C.F.R.×7

Fed. Reg.×7

Bills×6

Stat. Comp.×1

U.S.C.§ 136a

U.S.C.§ 136

ActJune 25, 1947, ch. 125, § 14

Pub. L.Pub. L. 92–516, § 2

Stat.86 Stat. 992

Pub. L.Pub. L. 95–396, § 17

Stat.92 Stat. 832

Cites 19 · showing 7Cited by 21 across 4 sources