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21 U.S.C. § 1042 — Reporting of violation to United States attorney for institution of criminal proceedings; procedure; presentation of views
Federal law — U.S. Code and appendices · legal_authorities
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 file: Laws/federal/codes/united-states-code/title-21/section-1042-reporting-of-violation-to-united-states-attorney-for-institution-of-crim--ea37c0cfa4.md
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Source location: Title 21, Chapter 15, § 1042; chapter-015-egg-products-inspection.md
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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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Federal law — U.S. Code and appendices · legal_authorities
Eggs and egg products are an important source of the Nation’s total supply of food, and are used in food in various forms. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential, in the public interest, that the health and welfare of consumers be protected by the adoption of measures prescribed herein for assuring that eggs and egg products distributed to them and used in products consumed by them are wholesome, otherwise not adulterated, and properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome, otherwise adulterated, or improperly labeled or packaged egg products and certain qualities of eggs is injurious to the public welfare and destroys markets for wholesome, not adulterated, and properly labeled and packaged eggs and egg products and results in sundry losses to producers and processors, as well as injury to consumers. Unwholesome, otherwise adulterated, or improperly labeled or packaged products can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged products, to the detriment of consumers and the public generally. It is hereby found that all egg products and the qualities of eggs which are regulated under this chapter are either in interstate or foreign commerce, or substantially affect such commerce, and that regulation by the Secretary of Agriculture and the Secretary of Health and Human Services, and cooperation by the States and other jurisdictions, as contemplated by this chapter, are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1031
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Processing operations and establishments subject to coverage; rules and regulations** For the purpose of preventing the entry into or flow or movement in commerce of, or the burdening of commerce by, any egg product which is capable of use as human food and is misbranded or adulterated, the Secretary shall, whenever processing operations are being conducted, cause continuous inspection to be made, in accordance with the regulations promulgated under this chapter, of the processing of egg products, in each plant processing egg products for commerce, unless exempted under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1044&num=0&edition=prelim). Without restricting the application of the preceding sentence to other kinds of establishments within its provisions, any food manufacturing establishment, institution, or restaurant which uses any eggs that do not meet the requirements of [section 1044(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1044/a/1&num=0&edition=prelim) in the preparation of any articles for human food shall be deemed to be a plant processing egg products, with respect to such operations.
**(b) Authority of Secretary to retain, segregate, and reinspect eggs and egg products** The Secretary, at any time, shall cause such retention, segregation, and reinspection as he deems necessary of eggs and egg products capable of use as human food in each official plant.
**(c) Condemnation of adulterated products; destruction or reprocessing; procedure upon appeal from determination of adulteration** Eggs and egg products found to be adulterated at official plants shall be condemned and, if no appeal be taken from such determination of condemnation, suc
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1034
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Federal law — U.S. Code and appendices · legal_authorities
Page 919
TITLE 21—FOOD AND DRUGS
§ 1044
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b), (c)(1)(A), and
(e), 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—Subsec. (a). Pub. L. 102–237, § 1012(d)(1), (2), sub-
stituted ‘‘$5,000’’ for ‘‘$1,000’’ in first sentence, and re-
designated last sentence, relating to scope of liability
for violations of section 1037 of this title, as subsec. (d).
Subsec. (b). Pub. L. 102–237, § 1012(d)(4), redesignated
subsec. (c) as (b). Former subsec. (b) redesignated (e).
Subsec. (c). Pub. L. 102–237, § 1012(d)(5), added subsec.
(c). Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 102–237, § 1012(d)(2), designated
last sentence of subsec. (a), relating to scope of liabil-
ity for violations of section 1037 of this title, as subsec.
(d).
Subsec. (e). Pub. L. 102–237, § 1012(d)(3), redesignated
subsec. (b) as (e).
Statutory Notes and Related Subsidiaries
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.
§ 1042. Reporting of violation to United States at-
torney
for
institution
of
criminal
pro-
ceedings; procedure; presentation of views
Before any violation of this chapter is re-
ported by the Secretary of Agriculture or Sec-
retary of
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1042
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