Us Code § 488e - Prohibitions and penalty
Full text of Us Code United States Code § 488e — Prohibitions and penalty, with citation guidance and answers to common questions.
§ 488e. Prohibitions and penalty
(a) Prohibitions
(1) Taking possession
No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section 488a of this title, or is an agent of a person registered under subsection (c) or (d) of that section.
(2) Transferring possession
An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of section 488a of this title, or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection (c) or (d) of section 488a of this title.
(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
A person that violates this part may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.
(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
No civil penalty may be assessed under this part unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person.
(e) Delay in application of prohibition
Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues a final rule implementing this part.
(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.)
About This Section
6 U.S.C. § 488e is part of Title 6 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 6 U.S.C. § 488e. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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