---
kind: "section"
citation: "7 U.S.C. § 136l"
title: "7"
title_heading: "Agriculture"
number: "136l"
heading: "Penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/136l"
units:
  - "Chapter 6 — Insecticides and Environmental Pesticide Control"
  - "Subchapter II — Environmental Pesticide Control"
---

# §136l. Penalties

- (a) **Civil penalties—**
  - (1) **In general—** Any [registrant](/usc/7/136.md?p=y), [commercial applicator](/usc/7/136.md?p=e-3), wholesaler, [dealer](/usc/7/499a.md?p=b-6), [retailer](/usc/7/499a.md?p=b-11), or other distributor who violates any provision of this subchapter may be assessed a civil penalty by the [Administrator](/usc/7/136.md?p=b) of not more than $5,000 for each offense.
  - (2) **Private applicator—** Any [private applicator](/usc/7/136.md?p=e-2) or other [person](/usc/7/136.md?p=s) not included in [paragraph (1)](#a-1) who violates any provision of this subchapter subsequent to receiving a written warning from the [Administrator](/usc/7/136.md?p=b) or following a citation for a prior violation, may be assessed a civil penalty by the [Administrator](/usc/7/136.md?p=b) of not more than $1,000 for each offense, except that any applicator not included under paragraph (1) of this subsection who holds or applies registered [pesticides](/usc/7/136.md?p=u), or uses dilutions of registered [pesticides](/usc/7/136.md?p=u), only to provide a service of controlling [pests](/usc/7/136.md?p=t) without delivering any unapplied [pesticide](/usc/7/136.md?p=u) to any [person](/usc/7/136.md?p=s) so served, and who violates any provision of this subchapter may be assessed a civil penalty by the [Administrator](/usc/7/136.md?p=b) of not more than $500 for the first offense nor more than $1,000 for each subsequent offense.
  - (3) **Hearing—** No civil penalty shall be assessed unless the [person](/usc/7/136.md?p=s) charged shall have been given notice and opportunity for a hearing on such charge in the county, parish, or incorporated city of the residence of the [person](/usc/7/136.md?p=s) charged.
  - (4) **Determination of penalty—** In determining the amount of the penalty, the [Administrator](/usc/7/136.md?p=b) shall consider the appropriateness of such penalty to the size of the business of the [person](/usc/7/136.md?p=s) charged, the effect on the [person](/usc/7/136.md?p=s)’s ability to continue in business, and the gravity of the violation. Whenever the [Administrator](/usc/7/136.md?p=b) finds that the violation occurred despite the exercise of due care or did not cause significant harm to health or the [environment](/usc/7/136.md?p=j), the [Administrator](/usc/7/136.md?p=b) may issue a warning in lieu of assessing a penalty.
  - (5) **References to Attorney General—** In case of inability to collect such civil penalty or failure of any [person](/usc/7/136.md?p=s) to pay all, or such portion of such civil penalty as the [Administrator](/usc/7/136.md?p=b) may determine, the [Administrator](/usc/7/136.md?p=b) shall refer the matter to the Attorney General, who shall recover such amount by action in the appropriate United States [district court](/usc/7/136.md?p=i).
- (b) **Criminal penalties—**
  - (1) **In general—**
    - (A) Any [registrant](/usc/7/136.md?p=y), applicant for a [registration](/usc/7/136.md?p=z), or [producer](/usc/7/136.md?p=w) who knowingly violates any provision of this subchapter shall be fined not more than $50,000 or imprisoned for not more than 1 year, or both.
    - (B) Any [commercial applicator](/usc/7/136.md?p=e-3) of a restricted use [pesticide](/usc/7/136.md?p=u), or any other [person](/usc/7/136.md?p=s) not described in [subparagraph (A)](#b-1-A) who distributes or sells [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h), who knowingly violates any provision of this subchapter shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both.
  - (2) **Private applicator—** Any [private applicator](/usc/7/136.md?p=e-2) or other [person](/usc/7/136.md?p=s) not included in [paragraph (1)](#b-1) who knowingly violates any provision of this subchapter shall be guilty of a misdemeanor and shall on conviction be fined not more than $1,000, or imprisoned for not more than 30 days, or both.
  - (3) **Disclosure of information—** Any [person](/usc/7/136.md?p=s), who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of [section 136a of this title](/usc/7/136a.md), shall be fined not more than $10,000, or imprisoned for not more than three years, or both.
  - (4) **Acts of officers, agents, etc.** When construing and enforcing the provisions of this subchapter, the act, omission, or failure of any officer, agent, or other [person](/usc/7/136.md?p=s) acting for or employed by any [person](/usc/7/136.md?p=s) shall in every case be also deemed to be the act, omission, or failure of such [person](/usc/7/136.md?p=s) as well as that of the [person](/usc/7/136.md?p=s) employed.

## Source credit

(June 25, 1947, ch. 125, § 14, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 992; amended Pub. L. 95–396, § 17, Sept. 30, 1978, 92 Stat. 832; Pub. L. 100–532, title VI, § 604, Oct. 25, 1988, 102 Stat. 2678; Pub. L. 102–237, title X, § 1006(a)(8), Dec. 13, 1991, 105 Stat. 1895.)

## Notes

### Editorial Notes

### Amendments

1991—Subsec. (a)(2). Pub. L. 102–237 substituted “, except that” for “: Provided, That” and “uses” for “use”.

1988—Subsec. (b)(1). Pub. L. 100–532 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who knowingly violates any provision of this subchapter shall be guilty of a misdemeanor and shall on conviction be fined not more than $25,000, or imprisoned for not more than one year, or both.”

1978—Subsec. (a)(2). Pub. L. 95–396, § 17(1), authorized assessment of a civil penalty of not more than $500 for a first offense and not more than $1,000 for each subsequent offense against any applicator providing a service of controlling pests for violations of this subchapter.

Subsec. (a)(3). Pub. L. 95–396, § 17(2), struck out provision respecting certain considerations when determining amount of penalty, now covered in par. (4).

Subsec. (a)(4). Pub. L. 95–396, § 17(4), reenacted second sentence of par. (3) as par. (4) and authorized Administrator to issue a warning in lieu of assessing a penalty. Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 95–396, § 17(3), redesignated former par. (4) as (5).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title.

### Effective Date

For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title.