§135a. Smuggling penalties

(a) Criminal penalty

The provisions and penalties of section 545 of title 18 shall apply to the bringing of animals to the quarantine station or the subsequent movement of animals to other parts of the United States, including Puerto Rico, Guam, and the Virgin Islands, contrary to the conditions prescribed by the Secretary in regulations issued hereunder.

(b) Civil penalty

Any person who brings any animal to the quarantine station or moves any animal from the quarantine station, contrary to the conditions prescribed by the Secretary in regulations issued hereunder, may be assessed a civil penalty by the Secretary not to exceed $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.

( Pub. L. 91–239, §2, May 6, 1970, 84 Stat. 202 ; Pub. L. 97–461, §9, Jan. 12, 1983, 96 Stat. 2525 .)

Amendments

1983-Pub. L. 97–461 designated existing provisions as subsec. (a) and added subsec. (b).

Section Referred to in Other Sections

This section is referred to in sections 135, 135b of this title; title 16 section 1540.