Collapse to view only § 7731. Inspections, seizures, and warrants
- § 7731. Inspections, seizures, and warrants
- § 7732. Collection of information
- § 7733. Subpoena authority
- § 7734. Penalties for violation
- § 7735. Enforcement actions of Attorney General
- § 7736. Court jurisdiction
§ 7731. Inspections, seizures, and warrants
(a) Role of Attorney General
(b) Warrantless inspections
The Secretary may stop and inspect, without a warrant, any person or means of conveyance moving—
(1) into the United States to determine whether the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter;
(2) in interstate commerce, upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter; and
(3) in intrastate commerce from or within any State, portion of a State, or premises quarantined as part of a extraordinary emergency declared under section 7715 of this title upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article regulated under that section or is moving subject to that section.
(c) Inspections with a warrant
(1) General authority
(2) Application and issuance of a warrant
(Pub. L. 106–224, title IV, § 421, June 20, 2000, 114 Stat. 448.)
§ 7732. Collection of information
The Secretary may gather and compile information and conduct any investigations the Secretary considers necessary for the administration and enforcement of this chapter.
(Pub. L. 106–224, title IV, § 422, June 20, 2000, 114 Stat. 449.)
§ 7733. Subpoena authority
(a) Authority to issue
(b) Location of production
(c) Enforcement of Subpoena
(d) Compensation
(e) Procedures
(Pub. L. 106–224, title IV, § 423, June 20, 2000, 114 Stat. 449; Pub. L. 107–171, title X, § 10418(b)(2), May 13, 2002, 116 Stat. 508; Pub. L. 110–234, title X, § 10203(c), May 22, 2008, 122 Stat. 1343; Pub. L. 110–246, § 4(a), title X, § 10203(c), June 18, 2008, 122 Stat. 1664, 2104.)
§ 7734. Penalties for violation
(a) Criminal penalties
(1) Offenses
(A) In general
(B) Movement
(2) Multiple violations
(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
(4) Finality of orders
(c) Liability for acts of an agent
(d) Guidelines for civil penalties
(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.)
§ 7735. Enforcement actions of Attorney General
The Attorney General may—
(1) prosecute, in the name of the United States, all criminal violations of this chapter that are referred to the Attorney General by the Secretary or are brought to the notice of the Attorney General by any person;
(2) bring an action to enjoin the violation of or to compel compliance with this chapter, or to enjoin any interference by any person with the Secretary in carrying out this chapter, whenever the Secretary has reason to believe that the person has violated, or is about to violate this chapter, or has interfered, or is about to interfere, with the Secretary; and
(3) bring an action for the recovery of any unpaid civil penalty, funds under reimbursable agreements, late payment penalty, or interest assessed under this chapter.
(Pub. L. 106–224, title IV, § 425, June 20, 2000, 114 Stat. 451.)
§ 7736. Court jurisdiction
(a) In general
(b) Exception
(Pub. L. 106–224, title IV, § 426, June 20, 2000, 114 Stat. 451.)