MOVING PLANT PESTS WITHOUT PERMISSION COULD GET YOU A
FINE?
21/11/06 15:14
"Any person found to have violated the plant pest
permit regulations by having imported or moved
interstate any plant pest or disease without a valid
USDA permit may be fined." - Michael Firko,
USDA-APHIS.
Michael Firko, APHIS
This announcement (above) came out of a Workshop on Regulatory Communication that was held in Washington DC 7-9 November 2006, in which Dr. Firko reported that his department had levied fines up to $42,000 for improper or lack of proper permits. Information on the workshop content and goal is accessible from the buttons on the left of this screen including the program, list of participants, abstracts of presentations, next workshop and other relevant information for stakeholders.
Michael Firko, APHIS
This announcement (above) came out of a Workshop on Regulatory Communication that was held in Washington DC 7-9 November 2006, in which Dr. Firko reported that his department had levied fines up to $42,000 for improper or lack of proper permits. Information on the workshop content and goal is accessible from the buttons on the left of this screen including the program, list of participants, abstracts of presentations, next workshop and other relevant information for stakeholders.
"Any person found to have violated the plant pest
permit regulations by having imported or moved
interstate any plant pest or disease without a valid
USDA permit may be fined." - Michael Firko,
USDA-APHIS.
Michael Firko, APHIS
This announcement (above) came out of a Workshop on Regulatory Communication that was held in Washington DC 7-9 November 2006, in which Dr. Firko reported that his department had levied fines up to $42,000 for improper or lack of proper permits. Information on the workshop content and goal is accessible from the buttons on the left of this screen including the program, list of participants, abstracts of presentations, next workshop and other relevant information for stakeholders.
Regarding fines, the Plant Pest Permit Regulations (7 CFR Part 330.200) have the following:
2 Section 424 of the Plant Protection Act (7 U.S.C. 7734) provides that persons who violate this act, or who forge, counterfeit or-without authority from the Secretary-use, alter, deface, or destroy any certificate, permit or other document may, after notice and opportunity for a hearing, be assessed a civil penalty that does not exceed the greater of: (a) $50,000 for individuals, except that the civil penalty may not exceed $1,000 in the case of an initial violation by an individual moving regulated articles not for monetary gain; $250,000 for any other person or legal entity, such as partnerships, corporations, associations, or joint ventures; and $500,000 for all violations adjudicated in a single proceeding; or (b) twice the gross pecuniary gain derived from or loss caused by any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for by this act. Section 424 of the Plant Protection Act also provides penalties for criminal violations, under which knowing violators of the act may be found guilty of a misdemeanor and, upon conviction, fined in accordance with title 18 of the United States Code, imprisoned for a period not to exceed 1 year, or both.
Which means a "person or legal entity" violating these regulations (regardless of foreknowledge) can be fined anywhere up to $500,000 or twice any gain. Jail time is also possible. - Michael Firko, USDA-APHIS.
Michael Firko, APHIS
This announcement (above) came out of a Workshop on Regulatory Communication that was held in Washington DC 7-9 November 2006, in which Dr. Firko reported that his department had levied fines up to $42,000 for improper or lack of proper permits. Information on the workshop content and goal is accessible from the buttons on the left of this screen including the program, list of participants, abstracts of presentations, next workshop and other relevant information for stakeholders.
Regarding fines, the Plant Pest Permit Regulations (7 CFR Part 330.200) have the following:
2 Section 424 of the Plant Protection Act (7 U.S.C. 7734) provides that persons who violate this act, or who forge, counterfeit or-without authority from the Secretary-use, alter, deface, or destroy any certificate, permit or other document may, after notice and opportunity for a hearing, be assessed a civil penalty that does not exceed the greater of: (a) $50,000 for individuals, except that the civil penalty may not exceed $1,000 in the case of an initial violation by an individual moving regulated articles not for monetary gain; $250,000 for any other person or legal entity, such as partnerships, corporations, associations, or joint ventures; and $500,000 for all violations adjudicated in a single proceeding; or (b) twice the gross pecuniary gain derived from or loss caused by any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for by this act. Section 424 of the Plant Protection Act also provides penalties for criminal violations, under which knowing violators of the act may be found guilty of a misdemeanor and, upon conviction, fined in accordance with title 18 of the United States Code, imprisoned for a period not to exceed 1 year, or both.
Which means a "person or legal entity" violating these regulations (regardless of foreknowledge) can be fined anywhere up to $500,000 or twice any gain. Jail time is also possible. - Michael Firko, USDA-APHIS.
