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§1041. 强制性条款(Enforcement provisions)

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放大字体  缩小字体 2011-08-08 09:38:03  来源:USDA  浏览次数:3153
核心提示:本规定内容包括:违反1037章节法规需接受的监禁或罚款(一年以下监禁,5000以上罚款或三年以下监禁,10000以下罚款);干扰法律执行的人员的监禁和罚款(强行攻击,抵制,反对,阻碍,恐吓,或干扰从事或执行本章规定公务的人员,将被处以5000美元以下罚款或三年以下监禁或两刑并罚,使用杀伤性武器将处以10000美元以下罚款或十年以下监禁或两刑并罚,谋杀在本章规定下执行公务的公务人员将按照18章1111和1114章节的规定进行惩罚);民事处罚条款;1037章节违反行为的责任范围;适用于运营商和货栈主的处罚等。
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FSIS
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备注 本规定内容包括:违反1037章节法规需接受的监禁或罚款(一年以下监禁,5000以上罚款或三年以下监禁,10000以下罚款);干扰法律执行的人员的监禁和罚款(强行攻击,抵制,反对,阻碍,恐吓,或干扰从事或执行本章规定公务的人员,将被处以5000美元以下罚款或三年以下监禁或两刑并罚,使用杀伤性武器将处以10000美元以下罚款或十年以下监禁或两刑并罚,谋杀在本章规定下执行公务的公务人员将按照18章1111和1114章节的规定进行惩罚);民事处罚条款;1037章节违反行为的责任范围;适用于运营商和货栈主的处罚等。

       更多关于美国禽肉检查法的内容,请详见美国农业部食品安全与检查局(FSIS)发布的《蛋类产品检查法案》(PPIA)法规汇总

  §1041. Enforcement provisions

  (a) Violations of section 1037; term of imprisonment and fine

  Any person who commits any offense prohibited by section 1037 of  this title shall upon conviction be subject to imprisonment for not more than one year, or a fine of not more than $5,000, or both such imprisonment and fine, but if such violation involves intent to defraud, or any distribution or attempted distribution of any article that is known to be adulterated (except as defined in section 1033(a)(8) of this title), such person shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both.

  (b) Persons preventing enforcement of chapter; term of imprisonment and fine

  Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years or both. Whoever, in the commission of any such act, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sections 1111 and 1112 of title 18.

  (c) Civil penalty

  (1)

  (A) Except as otherwise provided in this subsection, any person who violates any provision of this chapter or any regulation issued under this chapter, other than a violation for which a criminal penalty has been imposed under this chapter, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation to which this subparagraph applies shall be considered a separate offense.

  (B) No penalty shall be assessed against any person under this subsection unless the person is given notice and opportunity for a hearing on the record before the Secretary in accordance with sections 554 and 556 of title 5.

  (C) The amount of the civil penalty imposed under this subsection--

  (i) shall be assessed by the Secretary, by written order, taking into account the gravity of the violation, degree of culpability, and history of prior offenses; and

  (ii) may be reviewed only as provided in paragraph (2).

  (2)

  (A) The determination and order of the Secretary under this subsection shall be final and conclusive unless the person against whom such a violation is found under paragraph (1) files an application for judicial review within 30 days after service of the order in the United States court of appeals for the circuit in which the person has its principal place of business or in the United States Court of Appeals for the District of Columbia Circuit.

  (B) Judicial review of any such order shall be based on the record on which the determination and order are based.

  (C) If the court determines that additional evidence needs to be taken, the court shall order the hearing to be reopened for this purpose in such manner and on such terms and conditions as the court considers proper. The Secretary may modify the findings of the Secretary as to the facts, or make new findings, on the basis of the additional evidence so taken.

  (3) If any person fails to pay an assessment of a civil penalty after the penalty has become a final and unappealable order, or after the appropriate court of appeals has entered a final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General. The Attorney General shall institute a civil action to recover the amount assessed in an appropriate district court of the United States. In the collection action, the validity and appropriateness of the Secretary's order imposing the civil penalty shall not be subject to review.

  (4) All penalties collected under this subsection shall be paid into the Treasury of the United States.

  (5) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty assessed under this subsection.

  (6) Paragraph (1) shall not apply to an official plant.

  (d) Scope of liability for violations of section 1037

  When construing or enforcing the provisions of section 1037 of this title, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.

  (e) Penalties applicable to carriers or warehousemen

  No carrier or warehouseman shall be subject to the penalties of this chapter, other than the penalties for violation of section 1040 of this title or subsection (c) of this section, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier or warehouseman of eggs or egg products owned by another person unless the carrier or warehouseman has knowledge, or is in possession of facts which would cause a reasonable person to believe that such eggs or egg products were not eligible for transportation under, or were otherwise in violation of, this chapter, or unless the carrier or warehouseman refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such eggs or egg products and copies of all documents, if there be any, pertaining to the delivery of the eggs or egg products to, or by, such carrier or warehouseman.

 地区: 美国 
 标签: 强制性 处罚 
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