FEDERAL · 21 U.S.C. · Chapter 15

Reporting of violation to United States attorney for institution of criminal proceedings; procedure; presentation of views

21 U.S.C. § 1042
Title21Food and Drugs
Chapter15 — EGG PRODUCTS INSPECTION

This text of 21 U.S.C. § 1042 (Reporting of violation to United States attorney for institution of criminal proceedings; procedure; presentation of views) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
21 U.S.C. § 1042.

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.

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Source Credit

History

(Pub. L. 91–597, §13, Dec. 29, 1970, 84 Stat. 1628; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–237, title X, §1012(e), Dec. 13, 1991, 105 Stat. 1900.)

Editorial Notes

Editorial Notes

References in Text
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 91–597, Dec. 29, 1970, 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.

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Bluebook (online)
21 U.S.C. § 1042, Counsel Stack Legal Research, https://law.counselstack.com/usc/21/1042.