Skip to content

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.

  1. 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. 1628

    Enacted 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.

  2. 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
  1. 1970Pub. L. 91–597, § 13, , 84 Stat. 1628
  2. 1979Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695
  3. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc21.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t21/s1042