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Title 21 — Food and Drugs

Chapter 9 — Federal Food, Drug, and Cosmetic Act

§ 332. Injunction proceedings

Statutory text

(a)

Jurisdiction of courts

The district courts of the United States and the United States courts of the Territories shall have jurisdiction, for cause shown 1 to restrain violations of section 331 of this title, except paragraphs (h), (i), and (j).

(b)

Violation of injunction

In case of violation of an injunction or restraining order issued under this section, which also constitutes a violation of this chapter, trial shall be by the court, or, upon demand of the accused, by a jury.

Footnotes

  1. 1 So in original. Probably should be followed by a comma.

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. Pub. L. 75–675 § 302 · 52 Stat. 1040

    Enacted · 21 U.S.C. § 332

    June 25, 1938, ch. 675, § 302, 52 Stat. 1043

    Source evidence

    Code source credit
    June 25, 1938, ch. 675, § 302, 52 Stat. 1043

    Enacted provision · exact public law section
    Sec. 302. injunction proceedings (a) The district courts of the United States and the Jurisdiction. United States courts of the Territories shall have jurisdiction, for cause shown, and subject to the provisions of section 17 (relating to notice to opposite party) of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, as amended (U. S. C., 38 Stat. 737. 28 U. S. C. § 381. 1934 ed., title 28, sec. 381), to restrain violations of section 301, except paragraphs (e), (f), (h), (i), and (j). (b) In case of violation of an injunction or restraining order issued Violations of injunctions or restraining orders, proceedings. under this section, which also constitutes a violation of this Act, trial shall be by the court, or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of section 22 of such Act of October 15, 1914, as amended (U. S. C., 38 Stat. 738. 28 U. S. C. § 387. 1934 ed., title 28, sec. 387).

  2. Drug Amendments of 1962

    Pub. L. 87–781 § 103(d) · 76 Stat. 780

    Struck · 21 U.S.C. § 332(a)

    Pub. L. 87–781, § 103(d), struck out “(e),” after “paragraphs”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–781, § 103(d), struck out “(e),” after “paragraphs”.

    Enacted provision · exact public law section
    (d) Section 302(a) of such Act (21 U.S.C. 332(a)) is amended by striking out “(e),”.

    Effective date note
    Amendment by section 103(c) of Pub. L. 87–781 effective on first day of seventh calendar month following October 1962, see section 107 of Pub. L. 87–781, set out as a note under section 321 of this title. Pub. L. 87–781, title II, § 203, Oct. 10, 1962, 76 Stat. 793, provided that: “The amendments made by this title [amending this section and section 374 of this title and enacting provisions set out as notes under sections 321 and 374 of this title] shall take effect on the date of enactment of this Act [Oct. 10, 1962].”

  3. Drug Amendments of 1962

    Pub. L. 87–781 § 201(c) · 76 Stat. 780

    Struck · 21 U.S.C. § 332(a)

    Pub. L. 87–781, § 201(c), struck out “(f),” after “paragraphs”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 87–781, § 201(c), struck out “(f),” after “paragraphs”.

    Enacted provision · exact public law section
    (c) Section 302(a) of such Act (21 U.S.C. 332(a)) is amended by 52 Stat. 1043. striking out “(f),”.

    Effective date note
    Amendment by section 103(c) of Pub. L. 87–781 effective on first day of seventh calendar month following October 1962, see section 107 of Pub. L. 87–781, set out as a note under section 321 of this title. Pub. L. 87–781, title II, § 203, Oct. 10, 1962, 76 Stat. 793, provided that: “The amendments made by this title [amending this section and section 374 of this title and enacting provisions set out as notes under sections 321 and 374 of this title] shall take effect on the date of enactment of this Act [Oct. 10, 1962].”

  4. Nutrition Labeling and Education Act Amendments of 1993

    Pub. L. 103–80 § 3(d)(1) · 107 Stat. 773

    Struck · 21 U.S.C. § 332(a)

    Pub. L. 103–80, § 3(d)(1), struck out “, and subject to the provisions of section 17 (relating to notice to opposite party) of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914, as amended (U.S.C., 1934 ed., title 28, sec. 381),” after “for cause shown”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–80, § 3(d)(1), struck out “, and subject to the provisions of section 17 (relating to notice to opposite party) of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914, as amended (U.S.C., 1934 ed., title 28, sec. 381),” after “for cause shown”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “, and subject to” and all that follows through “381),”, and

  5. Nutrition Labeling and Education Act Amendments of 1993

    Pub. L. 103–80 § 3(d)(2) · 107 Stat. 773

    Struck · 21 U.S.C. § 332(b)

    Pub. L. 103–80, § 3(d)(2), struck out at end “Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of section 22 of such Act of October 15, 1914, as amended (U.S.C., 1934 ed., title 28, sec. 387).”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–80, § 3(d)(2), struck out at end “Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of section 22 of such Act of October 15, 1914, as amended (U.S.C., 1934 ed., title 28, sec. 387).”

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out the second sentence.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments1962–1993 · 2 rounds

1993

Subsec. (a). Pub. L. 103–80, § 3(d)(1), struck out “, and subject to the provisions of section 17 (relating to notice to opposite party) of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved , as amended (U.S.C., 1934 ed., title 28, sec. 381),” after “for cause shown”.

Subsec. (b). Pub. L. 103–80, § 3(d)(2), struck out at end “Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of section 22 of such Act of , as amended (U.S.C., 1934 ed., title 28, sec. 387).”

1962

Subsec. (a). Pub. L. 87–781, § 103(d), struck out “(e),” after “paragraphs”.

Pub. L. 87–781, § 201(c), struck out “(f),” after “paragraphs”.

Statutory Notes and Related Subsidiaries

Effective Date of 1962 Amendment

Amendment by section 103(c) of Pub. L. 87–781 effective on first day of seventh calendar month following October 1962, see section 107 of Pub. L. 87–781, set out as a note under section 321 of this title.

Pub. L. 87–781, title II, § 203, , 76 Stat. 793, provided that: “The amendments made by this title [amending this section and section 374 of this title and enacting provisions set out as notes under sections 321 and 374 of this title] shall take effect on the date of enactment of this Act [].”

Credits

1938–1993 · 3 acts
  1. 1938June 25, 1938, ch. 675, § 302, 52 Stat. 1043
  2. 1962Pub. L. 87–781, title I, § 103(d), title II, § 201(c), , 76 Stat. 784, 793
  3. 1993Pub. L. 103–80, § 3(d), , 107 Stat. 775.
Show as published

(June 25, 1938, ch. 675, § 302, 52 Stat. 1043; Pub. L. 87–781, title I, § 103(d), title II, § 201(c), , 76 Stat. 784, 793; Pub. L. 103–80, § 3(d), , 107 Stat. 775.)

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USLM identifier /us/usc/t21/s332