---
kind: "section"
citation: "7 U.S.C. § 2279e"
title: "7"
title_heading: "Agriculture"
number: "2279e"
heading: "Civil penalty"
release: "119-102"
url: "https://uscodex.org/usc/7/2279e"
units:
  - "Chapter 55 — Department of Agriculture"
---

# §2279e. Civil penalty

- (a) **In general—** Any [person](/usc/7/1471g.md?p=b-1) that causes harm to, or interferes with, an [animal](/usc/7/8901.md?p=7) used for the purposes of official inspections by the Department of Agriculture or the Department of Homeland Security, may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary of Agriculture or the Secretary of Homeland Security not to exceed $10,000.
- (b) **Factors in determining civil penalty—** In determining the amount of a civil penalty, the [Secretary concerned](#e) shall take into account the nature, circumstance, extent, and gravity of the offense.
- (c) **Settlement of civil penalties—** The [Secretary concerned](#e) may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this section.
- (d) **Finality of orders—**
  - (1) **In general—** The [order](/usc/7/2902.md?p=10) of the [Secretary concerned](#e) assessing a civil penalty shall be treated as a final [order](/usc/7/2902.md?p=10) reviewable under [chapter 158](/usc/28/chptVI-ch158.md) of title 28. The validity of the [order](/usc/7/2902.md?p=10) of the [Secretary concerned](#e) may not be reviewed in an action to collect the civil penalty.
  - (2) **Interest—** Any civil penalty not paid in full when due under an [order](/usc/7/2902.md?p=10) assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judgments of the courts of the [United States](/usc/7/6402.md?p=8).
- (e) **Secretary concerned defined—** In this section and [section 2279f of this title](/usc/7/2279f.md), the term “Secretary concerned” means—
  - (1) the Secretary of Agriculture, with respect to an [animal](/usc/7/8901.md?p=7) used for purposes of official inspections by the Department of Agriculture; and
  - (2) the Secretary of Homeland Security, with respect to an [animal](/usc/7/8901.md?p=7) used for purposes of official inspections by the Department of Homeland Security.

## Source credit

(Pub. L. 106–224, title V, § 501, June 20, 2000, 114 Stat. 455; Pub. L. 107–296, title IV, § 421(h), Nov. 25, 2002, 116 Stat. 2184.)

## Notes

### Editorial Notes

### Amendments

2002—Subsec. (a). Pub. L. 107–296, § 421(h)(1), inserted “or the Department of Homeland Security” after “Department of Agriculture” and “or the Secretary of Homeland Security” after “Secretary of Agriculture”.

Subsecs. (b) to (d)(1). Pub. L. 107–296, § 421(h)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.

Subsec. (e). Pub. L. 107–296, § 421(h)(3), added subsec. (e).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.