42 U.S.C. § 271

Penalties for violation of quarantine laws

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(a) Penalties for persons violating quarantine laws

Any person who violates any regulation prescribed under sections 264 to 266 of this title, or any provision of section 269 of this title or any regulation prescribed thereunder, or who enters or departs from the limits of any quarantine station, ground, or anchorage in disregard of quarantine rules and regulations or without permission of the quarantine officer in charge, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.

(b) Penalties for vessels violating quarantine laws

Any vessel which violates section 269 of this title, or any regulations thereunder or under section 267 of this title, or which enters within or departs from the limits of any quarantine station, ground, or anchorage in disregard of the quarantine rules and regulations or without permission of the officer in charge, shall forfeit to the United States not more than $5,000, the amount to be determined by the court, which shall be a lien on such vessel, to be recovered by proceedings in the proper district court of the United States. In all such proceedings the United States attorney shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States.

With the approval of the Secretary, the Surgeon General may, upon application therefor, remit or mitigate any forfeiture provided for under subsection (b) of this section, and he shall have authority to ascertain the facts upon all such applications.

(July 1, 1944, ch. 373, title III, § 368, 58 Stat. 706; June 25, 1948, ch. 646, § 1, 62 Stat. 909; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “United States district attorney”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision note thereunder.

Executive DocumentsTransfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Notes of Decisions

Cited in 14 cases (7 in the last 5 years), 1954–2024 · leading case: Fred W. Steiner, John W. Hadzima, Olive Spicuzza, Charles Walker & Roy Pursselley v. United States, 229 F.2d 745 (9th Cir. 1956).

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Fred W. Steiner, John W. Hadzima, Olive Spicuzza, Charles Walker & Roy Pursselley v. United States, 229 F.2d 745 (9th Cir. 1956). · cites it 2× “§ 264 and punishable under 42 U.S.C.A. § 271 (a), and that therefore, if sentenced at all on count 1, appellants should have been sentenced under and in conformity with the second paragraph of 18 U.”

Clifford L. Duke, Jr., Louis Glenn Ballard & Vic Buono v. United States, 255 F.2d 721 (9th Cir. 1958). “§ 264 , passed a health and safety regulation forbidding, with minor exceptions, importation of psittacine birds.”

State of La. v. Mathews, 427 F. Supp. 174 (E.D. La. 1977). “Section 368(a) of the Public Health Service Act, 42 U.S.C. § 271 (a), makes any violation of a regulation issued under 42 U.”

E. N. Murray v. United States, 217 F.2d 583 (9th Cir. 1954). · cites it 2× “” The punishment provided by 42 U.S. C.A. § 271 is not more than one year in prison or $1000.”

Farm-To-Consum. Legal Def. Fund v. Sebelius, 734 F. Supp. 2d 668 (N.D. Iowa 2010). · cites it 2× “ation of the producers was apparently prompted by an outbreak of food-borne illness, but the producers were ultimately warned of possible enforcement action based on a FDA inspection that had determined that their dairy farm caused to be delivered into interstate commerce…”

Qwest Corp. v. Leroy Koppendrayer, 436 F.3d 859 (8th Cir. 2006). “The FCC has also authorized the use of interim rates subject to true-up in proceedings under 42 U.S.C. § 271 . ILECs enter into ICAs and make their local network infrastructure available to CLECs so that the ILEC may enter the interLATA market.”

P.J.E.S. v. Wolf (D.D.C. 2020). · cites it 3× “The Government contends that “the explicit language in Section 265 authorizing the prohibition of persons (or property) from ‘a foreign country’ to protect against ‘the introduction of such disease into the United States’.”

Huisha-Huisha v. Gaynor (D.D.C. 2021). “42 U.S.C. § 271 . For individuals, Section 271 states that any violation “shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.”

Vongsvirates v. Rushmore Loan Mgmt. Servs. (E.D. Cal. 2021). “” 42 U.S.C. § 271 (b). Finally, 42 C.F.R. § 12 70.”

Vongsvirates v. Rushmore Loan Mgmt. Servs. (E.D. Cal. 2021). “” 42 U.S.C. § 271 (b). Finally, 42 C.F.R. § 18 70.”

Health Freedom Def. Fund, Inc. v. Biden (M.D. Fla. 2022). “42 U.S.C. § 271 (a). Federal regulations similarly provide for a potential year of imprisonment for violators, but more “strongly encourage[] .”

Terkel v. Centers for Disease Control & Prevention (E.D. Tex. 2021). “42 U.S.C. § 271 ; 18 U.S.C. §§ 3559 (a)(6), 3583(b)(3); 42 C.”

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