§117. Penalties for transportation of diseased livestock or live poultry

(a) Criminal penalty

Any person or persons operating any railroad, or master or owner of any boat or vessel, or owner or custodian of, or person having control over, cattle or other livestock or live poultry who shall knowingly violate the provisions of section 115 of this title or the rules and regulations prescribed by the Secretary of Agriculture under such section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.

(b) Civil penalty

Any person or persons operating any railroad, or master or owner of any boat or vessel, or owner or custodian of, or person having control over, cattle or other livestock or live poultry who shall violate the provisions of section 115 of this title or the rules and regulations prescribed by the Secretary of Agriculture under such section may be assessed a civil penalty by the Secretary of not more than $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.

(May 29, 1884, ch. 60, §7, 23 Stat. 32 ; Feb. 7, 1928, ch. 30, 45 Stat. 59 ; Oct. 10, 1978, Pub. L. 95–439, §1, 92 Stat. 1061 ; Jan. 12, 1983, Pub. L. 97–461, §5, 96 Stat. 2524 .)

Amendments

1983-Pub. L. 97–461 designated existing provisions as subsec. (a), inserted "or the rules and regulations prescribed by the Secretary of Agriculture under such section" after "title", and added subsec. (b).

1978-Pub. L. 95–439 struck out provision requiring the Secretary of Agriculture to notify in writing the proper officials of any railroad, steamboat, or other transportation company doing business in an infected area of the existence of a contagion and to publish in newspapers the existence of a contagion.

1928-Act Feb. 7, 1928, inserted "and/or live poultry" after "livestock".

Section Referred to in Other Sections

This section is referred to in sections 113, 114, 118, 119, 136a of this title; title 16 section 1540.