Title 21 — Food and Drugs
Chapter 15 — Egg Products Inspection
§ 1042. Reporting of violation to United States attorney for institution of criminal proceedings; procedure; presentation of views
Statutory text
Before any violation of this chapter is reported by the Secretary of Agriculture or Secretary of Health and Human Services to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the Secretary of Agriculture or Secretary of Health and Human Services to report for criminal prosecution violations of this chapter whenever he believes that the public interest will be adequately served and compliance with this chapter obtained by a suitable written notice of warning or an action to assess civil penalties.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Egg Products Inspection Act
Pub. L. 91–597 § 13 · 84 Stat. 1620
Enacted · 21 U.S.C. § 1042
Pub. L. 91–597, § 13, Dec. 29, 1970, 84 Stat. 1628
Source evidence
Code source credit
Pub. L. 91–597, § 13, Dec. 29, 1970, 84 Stat. 1628Enacted provision · exact public law section
Sec. 13. reporting of violations Before any violation of this Act is reported by the Secretary of Agriculture or Secretary of Health, Education, and Welfare to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this Act shall be construed as requiring the Secretary of Agriculture or Secretary of Health, Education, and Welfare to report for criminal prosecution violations of this Act whenever he believes that the public interest will be adequately served and compliance with the Act obtained by a suitable written notice of warning.Pub. L. 102–237 title X § 1012(e) · 105 Stat. 1818
Inserted · 21 U.S.C. § 1042
Pub. L. 102–237 inserted “or an action to assess civil penalties” before period at end
Source evidence
Code amendment note
Pub. L. 102–237 inserted “or an action to assess civil penalties” before period at end.Enacted provision · exact public law section
(e) Reporting of Violation to United States Attorney for Institution of Criminal Proceedings.— The last sentence of section 13 of such Act (21 U.S.C. 1042) is amended by inserting before the period at the end the following: “or an action to assess civil penalties”.Effective date note
Amendment by Pub. L. 102–237 effective 12 months after promulgation of final implementing regulations, see section 1012(h) of Pub. L. 102–237, set out as a note under section 1034 of this title.
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, , 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
Amendments
1991—Pub. L. 102–237 inserted “or an action to assess civil penalties” before period at end.
Statutory Notes and Related Subsidiaries
Change of Name
“Secretary of Health and Human Services” substituted in text 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.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–237 effective 12 months after promulgation of final implementing regulations, see section 1012(h) of Pub. L. 102–237, set out as a note under section 1034 of this title.
Effective Date
For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
Credits
1970–1991 · 3 acts
- 1970Pub. L. 91–597, § 13, , 84 Stat. 1628
- 1979Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695
- 1991Pub. L. 102–237, title X, § 1012(e), , 105 Stat. 1900.
Show as published
(Pub. L. 91–597, § 13, , 84 Stat. 1628; Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695; Pub. L. 102–237, title X, § 1012(e), , 105 Stat. 1900.)