7 U.S.C. § 2279e | Civil penalty

(a)

In general

Any person that causes harm to, or interferes with, an animal used for the purposes of official inspections by the Department of Agriculture or the Department of Homeland Security, may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary of Agriculture or the Secretary of Homeland Security not to exceed $10,000.

(b)

Factors in determining civil penalty

In determining the amount of a civil penalty, the Secretary concerned shall take into account the nature, circumstance, extent, and gravity of the offense.

(c)

Settlement of civil penalties

The Secretary concerned may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this section.

(d)

Finality of orders

(1)

In general

The order of the Secretary concerned assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. The validity of the order of the Secretary concerned may not be reviewed in an action to collect the civil penalty.

(2)

Interest

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.

(e)

Secretary concerned defined

section 2279f of this titleIn this section and , the term “Secretary concerned” means—

(1)

the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and

(2)

the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.

Pub. L. 106–224, title V, § 501June 20, 2000114 Stat. 455 Pub. L. 107–296, title IV, § 421(h)Nov. 25, 2002116 Stat. 2184(, , ; , , .)

Editorial Notes

Amendments

Pub. L. 107–296, § 421(h)(1)2002—Subsec. (a). , inserted “or the Department of Homeland Security” after “Department of Agriculture” and “or the Secretary of Homeland Security” after “Secretary of Agriculture”.

Pub. L. 107–296, § 421(h)(2)Subsecs. (b) to (d)(1). , substituted “Secretary concerned” for “Secretary” wherever appearing.

Pub. L. 107–296, § 421(h)(3)Subsec. (e). , added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–296Nov. 25, 2002section 4 of Pub. L. 107–296 section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.