6 U.S.C. § 488e | Prohibitions and penalty

(a)

Prohibitions

(1)

Taking possession

section 488a of this titleNo person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of , or is an agent of a person registered under subsection (c) or (d) of that section.

(2)

Transferring possession

section 488a of this title section 488a of this titleAn owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of , or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection (c) or (d) of .

(3)

Other prohibitions

No person shall—

(A)

section 488a of this title purchase ammonium nitrate without a registration number required under subsection (c) or (d) of ;

(B)

section 488a(c) of this title own or operate an ammonium nitrate facility without a registration number required under ; or

(C)

fail to comply with any requirement or violate any other prohibition under this part.

(b)

Civil penalty

A person that violates this part may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.

(c)

Penalty considerations

In determining the amount of a civil penalty under this section, the Secretary shall consider—

(1)

the nature and circumstances of the violation;

(2)

with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and

(3)

any other matter that the Secretary determines that justice requires.

(d)

Notice and opportunity for a hearing

No civil penalty may be assessed under this part unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person.

(e)

Delay in application of prohibition

Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues a final rule implementing this part.

Pub. L. 107–296, title VIII, § 899F Pub. L. 110–161, div. E, title V, § 563(a)Dec. 26, 2007121 Stat. 2088(, as added , , .)