CITE

    21 USC Sec. 676                                             01/05/2009

EXPCITE

    TITLE 21 - FOOD AND DRUGS
    CHAPTER 12 - MEAT INSPECTION
    SUBCHAPTER IV - AUXILIARY PROVISIONS

HEAD

    Sec. 676. Violations

STATUTE

    (a) Misdemeanors; felonies: intent to defraud and distribution of
      adulterated articles; good faith
      Any person, firm, or corporation who violates any provision of
    this chapter for which no other criminal penalty is provided by
    this chapter shall upon conviction be subject to imprisonment for
    not more than one year, or a fine of not more than $1,000, or both
    such imprisonment and fine; but if such violation involves intent
    to defraud, or any distribution or attempted distribution of an
    article that is adulterated (except as defined in section 601(m)(8)
    of this title), such person, firm, or corporation shall be subject
    to imprisonment for not more than three years or a fine of not more
    than $10,000, or both: Provided, That no person, firm, or
    corporation, shall be subject to penalties under this section for
    receiving for transportation any article or animal in violation of
    this chapter if such receipt was made in good faith, unless such
    person, firm, or corporation refuses to furnish on request of a
    representative of the Secretary the name and address of the person
    from whom he received such article or animal, and copies of all
    documents, if any there be, pertaining to the delivery of the
    article or animal to him.
    (b) Minor violations; written notice of warning of criminal and
      civil proceedings
      Nothing in this chapter shall be construed as requiring the
    Secretary to report for prosecution or for the institution of libel
    or injunction proceedings, minor violations of this chapter
    whenever he believes that the public interest will be adequately
    served by a suitable written notice of warning.

SOURCE

    (Mar. 4, 1907, ch. 2907, title IV, Sec. 406, as added Pub. L. 90-
    201, Sec. 16, Dec. 15, 1967, 81 Stat. 599; amended Pub. L. 99-641,
    title IV, Sec. 403(c), Nov. 10, 1986, 100 Stat. 3570.)

AMENDMENTS

      1986 - Subsec. (b). Pub. L. 99-641, Sec. 403(c)(1), temporarily
    inserted provisions which related to factors required to be
    considered by Secretary in determining whether public interest is
    served by written notice of warning. See Effective and Termination
    Dates of 1986 Amendment note below.
      Subsec. (c). Pub. L. 99-641, Sec. 403(c)(2), temporarily added
    subsec. (c). See Effective and Termination Dates of 1986 Amendment
    note below.
             EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT
      Section 403(c) of Pub. L. 99-641 provided that the amendment made
    by that section is effective only during the 6-year period
    beginning Nov. 10, 1986.
          CONSTRUCTION AND EFFECT OF AMENDMENTS BY PUB. L. 99-641
      For provisions relating to construction and effect of temporary
    amendments by section 403 of Pub. L. 99-641, see sections 403(e)
    and 404 of Pub. L. 99-641, set out as notes entitled "Inspection
    Services for Establishments Not Participating in Total Plant
    Quality-Control Program" and "Savings Provision", respectively,
    under section 609 of this title.