§ 7734. Penalties for violation
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/usc/title-7/section-7734A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Criminal penalties
(1)Offenses
(A)In general A person that knowingly violates this chapter, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter shall be fined under title 18, imprisoned not more than 1 year, or both.
(B)Movement A person that knowingly imports, enters, exports, or moves any plant, plant product, biological control organism, plant pest, noxious weed, or article, for distribution or sale, in violation of this chapter, shall be fined under title 18, imprisoned not more than 5 years, or both.
(2)Multiple violations On the second and any subsequent conviction of a person of a violation of this chapter under paragraph (1), the person shall be fined under title 18, imprisoned not more than 10 years, or both.
(b)Civil penalties
(1)In general Any person that violates this chapter, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of—
(A)$50,000 in the case of any individual (except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regulated articles not for monetary gain), $250,000 in the case of any other person for each violation, $500,000 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,000,000 for all violations adjudicated in a single proceeding if the violations include a willful violation; or
(B)twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for in this chapter that results in the person deriving pecuniary gain or causing pecuniary loss to another.
(2)Factors in determining civil penalty In determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator—
(A)ability to pay;
(B)effect on ability to continue to do business;
(C)any history of prior violations;
(D)the degree of culpability; and
(E)any other factors the Secretary considers appropriate.
(3)Settlement of civil penalties The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this subsection.
(4)Finality of orders The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. The validity of the Secretary’s order may not be reviewed in an action to collect the civil penalty. 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.
(c)Liability for acts of an agent When construing and enforcing this chapter, the act, omission, or failure of any officer, agent, or person acting for or employed by any other person within the scope of his or her employment or office, shall be deemed also to be the act, omission, or failure of the other person.
(d)Guidelines for civil penalties The Secretary shall coordinate with the Attorney General to establish guidelines to determine under what circumstances the Secretary may issue a civil penalty or suitable notice of warning in lieu of prosecution by the Attorney General of a violation of this chapter.
(Pub. L. 106–224, title IV, § 424, June 20, 2000, 114 Stat. 450; Pub. L. 107–171, title X, § 10810, May 13, 2002, 116 Stat. 531; Pub. L. 110–234, title X, § 10203(d), May 22, 2008, 122 Stat. 1343; Pub. L. 110–246, § 4(a), title X, § 10203(d), June 18, 2008, 122 Stat. 1664, 2105.)
Connections38 cite this · traces to 3
Cited by 38 sections · top 29
U.S. Code
register
- Presidential DocumentsFinal rule
- UnknownFinal rule
- UnknownFinal rule
- NoticesNotice of (A) proposed temporary, emergency amendments to sentencing guidelines, policy statements, and commentary; (B) proposed permanent, non-emergency amendments to sentencing guidelines, policy statements, and commentary
- UnknownFinal rule
- Presidential DocumentsNotice of: (A) promulgation of temporary, emergency amendments, effective May 1, 2001, for (1) offenses involving the manufacture, importation, exportation, or trafficking of “Ecstasy”; (2) offenses involving the manufacture, importation, or trafficking of amphetamine; (3) offenses involving the trafficking of certain List I chemicals that are used in the manufacture of methamphetamine; and (4) offenses involving peonage and human trafficking; and (B) submission to Congress of additional non-emergency amendments to the sentencing guidelines, effective November 1, 2001
- NoticesNotice of (1)(A)(i) congressional amendments to the sentencing guidelines made directly by the PROTECT Act, Pub
- Proposed RulesNotice of proposed amendments; request for public comment; notice of public hearings
- UnknownFinal rule
- UnknownFinal rule
- Rules and RegulationsProposed rule
- UnknownFinal rule
- Rules and RegulationsFinal rule
- Presidential DocumentsNotice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2025, and request for comment
- UnknownFinal rule
- Presidential DocumentsFinal rule
- NoticesNotice and request for public comment and hearing
- UnknownFinal rule
- NoticesNotice and request for public comment and hearing
- NoticesNotice of request for comment
- UnknownFinal rule
- UnknownFinal rule
- Rules and RegulationsNotice of proposed amendments to sentencing guidelines, policy statements, and commentary
statutes-at-large
- Public Law 106–224To amend the Federal Crop Insurance Act to strengthen the safety net for agricultural producers by providing greater access to more affordable risk management tools and improved protection from production and income loss, to improve the efficiency and integrity of the Federal crop insurance program
- Public Law 110–234To provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes
- Public Law 110–246To provide for the continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2012, and for other purposes
- Public Law 107–171To provide for the continuation of agricultural programs through fiscal year 2007, and for other purposes
statute-compilations
Traces to 3 documents
16 references not yet in our index
- Pub. L. 106–224, title IV, § 424
- 114 Stat. 450
- Pub. L. 107–171, title X, § 10810
- 116 Stat. 531
- Pub. L. 110–234, title X, § 10203(d)
- 122 Stat. 1343
- Pub. L. 110–246, § 4(a)
- 122 Stat. 1664
- Pub. L. 106–224
- 114 Stat. 438
- Pub. L. 110–234
- Pub. L. 110–246
- section 4(a) of Pub. L. 110–246
- Pub. L. 110–246, § 10203(d)
- Pub. L. 107–171
- section 4 of Pub. L. 110–246
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cites case law
§ 7734
Penalties for violation
Fed. Reg.×32
Stat.×4
Stat. Comp.×1
U.S.C.×1
Pub. L.Pub. L. 106–224, title IV, § 424
Stat.114 Stat. 450
Pub. L.Pub. L. 107–171, title X, § 10810
Stat.116 Stat. 531
Pub. L.Pub. L. 110–234, title X, § 10203(d)
Cites 19 · showing 8Cited by 38 across 4 sources