§ 611. Devices, marks, labels, and certificates; simulations

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. 1907

   Pub. L. 59–2907 · 34 Stat. 1256

   Enacted · 21 U.S.C. § 611

   Mar. 4, 1907, ch. 2907, title I, § 11, formerly 9th par., 34 Stat. 1263

   Source evidence

   Code source credit
   Mar. 4, 1907, ch. 2907, title I, § 11, formerly 9th par., 34 Stat. 1263

2. 1967

   Pub. L. 90–201 § 8 · 81 Stat. 584

   Added · 21 U.S.C. § 611

   Pub. L. 90–201, § 8, clarified application to brand manufacturers and printers of existing prohibition against counterfeiting official marks, labels or certificates, the provisions with respect to forgery, unauthorized use or failure to use official marks, or similar items, and similar offenses, and existing prohibitions with respect to false statements in official or nonofficial certificates, and added restriction upon possession of official devices, or devices, labels, meat, or other articles bearing counterfeit official marks, counterfeit official certificates, or similar items, and prohibition against false representations

   Source evidence

   Code amendment note
   Pub. L. 90–201, § 8, clarified application to brand manufacturers and printers of existing prohibition against counterfeiting official marks, labels or certificates, the provisions with respect to forgery, unauthorized use or failure to use official marks, or similar items, and similar offenses, and existing prohibitions with respect to false statements in official or nonofficial certificates, and added restriction upon possession of official devices, or devices, labels, meat, or other articles bearing counterfeit official marks, counterfeit official certificates, or similar items, and prohibition against false representations.

   Enacted provision · exact public law section
   Sec. 8. Section 11 of said Act (21 U.S.C. 79) is hereby amended to Counterfeit or unauthorized use of labels. read as follows: “Sec. 11. (a) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or anylabel bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary. “(b) No person, firm, or corporation shall— “(1) forge any official device, mark, or certificate; “(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; “(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate; “(4) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; “(5) knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or “(6) knowingly represent that any article has been inspected and passed, or exempted, under this Act when, in fact, it has, respectively, not been so inspected and passed, or exempted.”

   Effective date note
   Amendment by Pub. L. 90–201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90–201, set out as an Effective Date note under section 601 of this title.

1 of 2 references resolved to an enrolled provision · 1 partial