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U.S. Code as of:
01/03/05
Section 136l. Penalties
(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.
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