§122. Offenses; penalty

Any person, company, or corporation knowingly violating the provisions of this Act or the orders or regulations made in pursuance thereof shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or by imprisonment not more than one year, or by both such fine and imprisonment. Any person, company, or corporation violating such provisions, orders, or regulations may be assessed a civil penalty by the Secretary of Agriculture of not more than one thousand dollars. 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.

(Feb. 2, 1903, ch. 349, §3, 32 Stat. 792 ; Jan. 12, 1983, Pub. L. 97–461, §6, 96 Stat. 2525 .)

References in Text

This Act, referred to in text, is act Feb. 2, 1903, ch. 349, 32 Stat. 791 , as amended, which enacted sections 111, 121, and 122 of this title and amended sections 112, 113, and 120 of this title. For complete classification of this Act to the Code, see Tables.

Amendments

1983-Pub. L. 97–461 substituted "five thousand dollars" for "one thousand dollars" and inserted provisions relating to a civil penalty.

Extension of Provisions to Live Poultry

Act Feb. 7, 1928, ch. 30, 45 Stat. 59 , extended the provisions of this section to live poultry.

Section Referred to in Other Sections

This section is referred to in section 136a of this title; title 16 section 1540.