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U.S. Code as of:
01/19/04
Section 1041. Enforcement provisions
(a) Violations of section 1037; term of imprisonment and fine
Any person who commits any offense prohibited by section 1037 of
this title shall upon conviction be subject to imprisonment for not
more than one year, or a fine of not more than $5,000, or both such
imprisonment and fine, but if such violation involves intent to
defraud, or any distribution or attempted distribution of any
article that is known to be adulterated (except as defined in
section 1033(a)(8) of this title), such person shall be subject to
imprisonment for not more than three years or a fine of not more
than $10,000, or both.
(b) Persons preventing enforcement of chapter; term of imprisonment
and fine
Any person who forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any person while engaged in or on
account of the performance of his official duties under this
chapter shall be fined not more than $5,000 or imprisoned not more
than three years or both. Whoever, in the commission of any such
act, uses a deadly or dangerous weapon, shall be fined not more
than $10,000 or imprisoned not more than ten years, or both.
Whoever kills any person while engaged in or on account of the
performance of his official duties under this chapter shall be
punished as provided under sections 1111 and 1112 of title 18.
(c) Civil penalty
(1)(A) Except as otherwise provided in this subsection, any
person who violates any provision of this chapter or any regulation
issued under this chapter, other than a violation for which a
criminal penalty has been imposed under this chapter, may be
assessed a civil penalty by the Secretary of not more than $5,000
for each such violation. Each violation to which this subparagraph
applies shall be considered a separate offense.
(B) No penalty shall be assessed against any person under this
subsection unless the person is given notice and opportunity for a
hearing on the record before the Secretary in accordance with
sections 554 and 556 of title 5.
(C) The amount of the civil penalty imposed under this subsection
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(i) shall be assessed by the Secretary, by written order,
taking into account the gravity of the violation, degree of
culpability, and history of prior offenses; and
(ii) may be reviewed only as provided in paragraph (2).
(2)(A) The determination and order of the Secretary under this
subsection shall be final and conclusive unless the person against
whom such a violation is found under paragraph (1) files an
application for judicial review within 30 days after service of the
order in the United States court of appeals for the circuit in
which the person has its principal place of business or in the
United States Court of Appeals for the District of Columbia
Circuit.
(B) Judicial review of any such order shall be based on the
record on which the determination and order are based.
(C) If the court determines that additional evidence needs to be
taken, the court shall order the hearing to be reopened for this
purpose in such manner and on such terms and conditions as the
court considers proper. The Secretary may modify the findings of
the Secretary as to the facts, or make new findings, on the basis
of the additional evidence so taken.
(3) If any person fails to pay an assessment of a civil penalty
after the penalty has become a final and unappealable order, or
after the appropriate court of appeals has entered a final judgment
in favor of the Secretary, the Secretary shall refer the matter to
the Attorney General. The Attorney General shall institute a civil
action to recover the amount assessed in an appropriate district
court of the United States. In the collection action, the validity
and appropriateness of the Secretary's order imposing the civil
penalty shall not be subject to review.
(4) All penalties collected under this subsection shall be paid
into the Treasury of the United States.
(5) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty assessed under this
subsection.
(6) Paragraph (1) shall not apply to an official plant.
(d) Scope of liability for violations of section 1037
When construing or enforcing the provisions of section 1037 of
this title, the act, omission, or failure of any person acting for
or employed by any individual, partnership, corporation, or
association within the scope of his employment or office shall in
every case be deemed the act, omission, or failure of such
individual, partnership, corporation, or association, as well as of
such person.
(e) Penalties applicable to carriers or warehousemen
No carrier or warehouseman shall be subject to the penalties of
this chapter, other than the penalties for violation of section
1040 of this title or subsection (c) of this section, by reason of
his receipt, carriage, holding, or delivery, in the usual course of
business, as a carrier or warehouseman of eggs or egg products
owned by another person unless the carrier or warehouseman has
knowledge, or is in possession of facts which would cause a
reasonable person to believe that such eggs or egg products were
not eligible for transportation under, or were otherwise in
violation of, this chapter, or unless the carrier or warehouseman
refuses to furnish on request of a representative of the Secretary
the name and address of the person from whom he received such eggs
or egg products and copies of all documents, if there be any,
pertaining to the delivery of the eggs or egg products to, or by,
such carrier or warehouseman.
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