2019 US Code
Title 6 - Domestic Security
Chapter 1 - Homeland Security Organization
Subchapter VIII - Coordination With Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions
Part J - Secure Handling of Ammonium Nitrate
Sec. 488e - Prohibitions and penalty
| 6 U.S.C. § 488e (2019) |
| §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. 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. 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. 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 considerationsIn 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. 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 prohibitionParagraphs (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. |
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(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.) |
| United States Code, 2018 Edition, Supplement 1, Title 6 - DOMESTIC SECURITY |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER VIII - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS Part J - Secure Handling of Ammonium Nitrate Sec. 488e - Prohibitions and penalty |
| section 488e |
| 2019 |
| January 24, 2020 |
| No |
| standard |
| 121 Stat. 2088 |
| Public Law 107-296, Public Law 110-161 |
