§163. Violations; forgery, alterations, etc., of certificates; punishment; civil penalty

Any person who knowingly violates any provision of this chapter or any rule or regulation promulgated by the Secretary of Agriculture under this chapter, or who knowingly forges or counterfeits any certificate provided for in this chapter or in any such rule or regulation, or who, knowingly and without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. Any person who violates any such provision, rule, or regulation, or who forges or counterfeits any such certificate, or who, without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate, may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28. The validity of such order may not be reviewed in an action to collect such civil penalty.

(Aug. 20, 1912, ch. 308, §10, 37 Stat. 318 ; Pub. L. 97–461, §2, Jan. 12, 1983, 96 Stat. 2523 .)

Codification

Section is composed of part of section 10 of act Aug. 20, 1912. Other provisions of section 10 are classified to sections 164 and 164a of this title. Section is also set out in D.C. Code, §6–1105.

Amendments

1983-Pub. L. 97–461 added the element of knowledge to the definition of all violations, added use and the lack of authority from the Secretary to the definition of the group of violations including alteration, defacement or destruction of certificates, substituted criminal penalties of a fine not exceeding $5,000 or a year's imprisonment or both for a fine of $500 or a year's imprisonment or both in the discretion of the court, inserted provisions relating to civil penalties, and struck out provision that no common carrier would be deemed to have violated sections 152, 154, 156 to 161, and 162 of this title on proof that such carrier did not knowingly receive for transportation or transport nursery stock or other plants or plant products as such in the United States.

Cross References

District of Columbia, violation of rules and regulations, see section 167 of this title.

Section Referred to in Other Sections

This section is referred to in section 167 of this title.