An act to authorize the Secretary of Agriculture to assess civil penalties with respect to violations of certain Acts relating to the prevention of the introduction and dissemination into the United States of plant pests, plant diseases, and livestock and poultry diseases, to increase the amount of criminal fines which may be imposed with respect to violations of such Acts, and for other purposes.
PL 97-461 (H.R.6679), enacted 01/12/1983

PUBLIC LAW 97-461—JAN. 12, 1983 
96 STAT. 2523 
Public Law 97-461 
97th Congress 
An Act 
Jan. 12, 1983 
[H.R. 6679] 
Plant, livestock 
and poultry 
diseases, civil 
penalties for 
introduction and 
dissemination. 
7 u s e 150bb. 
To authorize the Secretary of Agriculture to assess civil penalties with respect to 
violations of certain Acts relating to the prevention of the introduction and 
dissemination into the United States of plant pests, plant diseases, and livestock 
and poultry diseases, to increase the eunount of criminal fines which may be 
imposed with respect to violations of such Acts, and for other purposes. 
Be it ervacted by the Semite and House of Representatives of the 
United States of America in Congress assembled, That (a) section 
108(a) of the Federal Plant Pest Act (7 U.S.C. 150bb(a)) is amended 
by striking out "knowingly" each place it appears. 
(b) Section 108 of the Federal Plant Pest Act (7 U.S.C. 150gg) is 
amended to read as follows: 
"SEC. 108. (a) Any person who— 
"(1) knowingly violates section 103 of this Act or any regula-
tion promulgated under this Act; 
"(2) knowingly forges or counterfeits any permit or other 
document provided for by this Act or by any such regulation; or 
"(3) knowingly and without the authority of the Secretary, 
uses, alters, or defaces any such permit or document; 
shall be guilty of a misdemeanor and shall be punished by a fine not 
exceeding $5,000, by imprisonment not exceeding one year, or both. 
"(b) Any person who— 
"(1) violates section 103 of this Act or any regulation promul-
gated under this Act; 
"(2) forges or counterfeits any permit or other document 
provided for by this Act or by any such regulation; or 
"(3) without the authority of the Secretary, uses, alters, or 
defaces any such permit or document; 
may be assessed a civil penalty by the Secretary not exceeding 
$1,000. The Secretary may issue an order assessing such civil pen- Notice; hearing, 
alty 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, United States Code. The validity of 
such order may not be reviewed in an action to collect such civil 
penalty.". 
SEC. 2. The first paragraph of section 10 of the Act of August 20, 
1912 (7 U.S.C. 163, 164), commonly known as the Plant Quarantine 
Act, is amended by striking out "That any person" and all that 
follows through "; and it" and inserting in lieu thereof the following: 
"That any person who knowingly violates any provision of this Act 
or any rule or regulation promulgated by the Secretary of Agricul-
ture under this Act, or who knowingly forges or counterfeits any 
certificate provided for in this Act 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 
28 u s e 2341 et 
96 STAT. 2524 
PUBLIC LAW 97-461—JAN. 12, 1983 
Notice; hearing. 
28 use 2341 et 
seq. 
Notice; hearing. 
28 use 2341 et 
8eq. 
21 use 102, 103, 
101,105. 
Notice; hearing. 
28 u s e 2341 et 
seq. 
21 u s e 115. 
Notice; hearing. 
28 use 2341 et 
seq. 
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, United States Code. The validity of such order may not be 
reviewed in an action to collect such civil penalty. It". 
SEC. 3. The Act of January 31,1942 (7 U.S.C. 149), is amended b y -
C
D inserting "(a)" after "That"; and 
(2) adding at the end the following new subsection: 
"(bXl) Any person who knowingly violates any rule or regulation 
promulgated under subsection (a) shall be guilty of a misdemeanor 
and shall be punished by a fine not exceeding $5,000, by imprison-
ment not exceeding one year, or both. 
"(2) Any person who violates any such rule or regulation may be 
assessed a civil penalty by the Secretary of Agriculture not exceed-
ing $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, United States Code. The validity of 
such order may not be reviewed in an action to collect such civil 
penalty.". 
SEC. 4. Section 6 of the Act of August 30, 1890 (21 U.S.C. 104), is 
amended by striking out the last sentence and inserting in lieu 
thereof the following: "Any person who knowingly violates any 
provision of this section or sections 7 through 10 of this Act or any 
regulation prescribed by the Secretary of Agriculture under any 
such section shall be guilty of a misdemeanor and shall, on convic-
tion, be punished by a fine not exceeding $5,000, by imprisonment 
not exceeding one year, or both. Any person who violates any such 
provision or any such regulation may be assessed a civil penalty by 
the Secretary of Agriculture not exceeding $1,000. The Secretary 
may issue an order assessing such civil pen^ty 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, United States Code. The validity of such order may not be 
reviewed in an action to collect such civil penalty.". 
SEC. 5. Section 7 of the Act of May 29, 1884 (21 U.S.C. 117), 
commonly known as the Animal Industry Act, is amended by— 
(1) inserting "(a)" after "SEC. 7."; 
(2) inserting "or the rules and regulations prescribed by the 
Secretary of Agriculture under such section" after "Act"; and 
(3) adding at the end the following new subsection: 
"(b) 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 6 of this Act or the rules and 
regulations prescribed by the Secretary of Agriculture under such 
section may be assessed a civil penalty by the Secreteury 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, United States Code. The validity of 
such order may not be reviewed in an action to collect such civil 
penalty.". 
PUBLIC LAW 97-461—JAN. 12, 1983 
96 STAT. 2525 
28 u s e 2341 et 
seq. 
SEC. 6. Section 3 of the Act of February 2, 1903 (21 U.S.C. 122), 
commonly known as the Cattle Contagious Diseases Act of 1903, is 
amend^ by— 
(1) striking out "one thousand dollars" and inserting in lieu 
thereof "five thousand dollars"; and 
(2) adding at the end the following: "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 Notice; hearing 
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, United States Code. The validity of such order may not 
be reviewed in an action to collect such civil penalty.". 
SEC. 7. Section 6 of the Act of March 3, 1905 (21 U.S.C. 127), is 
amended by— 
(1) striking out "one thousand dollars" and inserting in lieu 
thereof "five thousand dollars"; and 
(2) adding at the end the following: "Any person, company, or 
corporation violating such provisions 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 Notice; hearing, 
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, United 
States CJode. The validity of such order may not be reviewed in 
an action to collect such civil penalty.". 
SEC. 8. Section 6(a) of the Act of July 2, 1962 (21 U.S.C. 134e), is 
amended by— 
(1) inserting "(1)" after "(a)"; 
(2) striking out "$1,000" and inserting in lieu thereof 
"$5,000"; and 
(3) adding at the end the following new paragraph: 
"(2) Whoever violates any such regulation may be assessed a civil 
penalty by the Secretary not exceeding $1,000. The Secretary may Notice; hearing, 
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, 
United States Code. The validity of such order may not be reviewed 28 use 2341 et 
in an action to collect such civil penalty.". 
^^• 
SEC. 9. Section 2 of the Act of May 6, 1970 (21 U.S.C. 135a), is 
amended by— 
(1) inserting "(a)" after "SEC. 2." and 
(2) adding at the end the following new subsection: 
"(b) 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 hereun-
der, may be assessed a civil penalty by the Secretary not to exceed 
$1,000. The Secretary may issue an order assessing such civil Notice; hearing. 
28 u s e 2341 et 
seq. 
96 STAT. 2526 
PUBLIC LAW 97-461—JAN. 12, 1983 
penalty only after notice and an opportunity for an agency hearing 
on the record. Such order shall be treated as a final order reviewable 
28 use 2341 et 
under chapter 158 of title 28, United States Code. The validity of 
^^' 
such order may not be reviewed in an action to collect such civil 
penalty.". 
Approved January 12, 1983. 
LEGISLATIVE mSTORY—H.R. 6679: 
HOUSE REPORT No. 97-875 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 28, considered and passed House. 
Dec. 21, considered and passed Senate.