The U.S. Department of Agriculture can now impose tougher civil penalties against those caught smuggling agricultural products because Congress passed the Plant Protection Act last month.

"The Plant Protection Act is a necessity in USDA's fight to safeguard American agriculture,'' said Michael V. Dunn, under secretary for marketing and regulatory programs. "The PPA's harsher civil penalties let the public know that the USDA won't tolerate people who threaten U.S. agriculture.''

Any individual who violates the PPA can be fined up to $50,000, while businesses and other organizations can be fined up to $250,000. There is a $500,000 limit for fines for multiple violations.

A fine of up to $1,000 can be imposed upon first-time offenders that are determined to be carrying prohibited agriculture products through ports of entry for personal use and not for commercial gain.

"This new authority helps us implement many of the recommendations put forth in the safeguarding review report. Stronger authority gives us the power to fulfill our commitment to improve the protection of U.S. agriculture,'' Dunn said.

A safeguarding review group comprised of 43 representatives of states, academia, industry, and other stakeholders was put together under a cooperative agreement with the National Plant Board. The group compiled the safeguarding report as a comprehensive evaluation of pest exclusion, statutory authority, information technology, permits, pest detection and response, among other means. Passage of the PPA was a cornerstone of the safeguarding review recommendations (carried out by APHIS).

For the first time, the PPA gives the Secretary of Agriculture the authority to subpoena evidence and witnesses to aid in enforcement. The Act also allows the USDA to request the U.S. Attorney General take actions to enforce such subpoenas, through the judicial process.

Also under the Act, anyone causing harm to or interfering with an animal used in official inspections, such as USDA's Beagle Brigade, will be fined up to $10,000. The Beagle Brigade is made up of detector dogs that work at international airports and borders to sniff passenger luggage and packages for hidden fruits, vegetables, meats, and other agricultural products that may contain invasive animal or plant pests or diseases. 

The PPA, which has been in proposal form for several years, became law as part of the Agriculture Risk Protection Act on June 20. 

USDA news release
N2920