FEDERAL · 21 U.S.C. · Chapter 12
Devices, marks, labels, and certificates; simulations
Current through Pub. L. 119-102
(a)Devices to be made under authorization of Secretary
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 any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.
(b)Other misconduct
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
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Related
United States Ex Rel. Bahrani v. Conagra, Inc.
465 F.3d 1189 (Tenth Circuit, 2006)
United States Ex Rel. Barrick v. Parker-Migliorini International, LLC
878 F.3d 1224 (Tenth Circuit, 2017)
United States ex rel. Barrick v. Parker-Migliorini International, LLC
188 F. Supp. 3d 1231 (D. Utah, 2016)
United States v. William Aossey, Jr.
854 F.3d 453 (Eighth Circuit, 2017)
Source Credit
History
(Mar. 4, 1907, ch. 2907, title I, §11, formerly 9th par., 34 Stat. 1263; renumbered §11 and amended Pub. L. 90–201, §§1, 8, Dec. 15, 1967, 81 Stat. 584, 589.)
Editorial Notes
Editorial Notes
Codification
Section was formerly classified to section 79 of this title.
Amendments
1967—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1967 Amendment
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.
Codification
Section was formerly classified to section 79 of this title.
Amendments
1967—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1967 Amendment
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.