6 USC 488e - Prohibitions and penalty

U.S Code last checked for updates: Nov 22, 2024

§ 488e.

Prohibitions and penalty

(a)

Prohibitions

(1)

Taking possession

(2)

Transferring possession

(3)

Other prohibitions

No person shall—

(A)

purchase ammonium nitrate without a registration number required under subsection (c) or (d) of section 488a of this title;

(B)

own or operate an ammonium nitrate facility without a registration number required under section 488a(c) of this title; or

(C)

fail to comply with any requirement or violate any other prohibition under this part.

(b)

Civil penalty

(c)

Penalty considerations

In determining the amount of a civil penalty under this section, the Secretary shall consider—

(1)

the nature and circumstances of the violation;

(2)

with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and

(3)

any other matter that the Secretary determines that justice requires.

(d)

Notice and opportunity for a hearing

(e)

Delay in application of prohibition

(Pub. L. 107–296, title VIII, § 899F, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2088.)

cite as: 6 USC 488e