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21 U.S.C. § 467c — Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations; United States as plaintiff; subpenas
Federal law — U.S. Code and appendices · legal_authorities
The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in section 457(d) or 467 of this title. All proceedings for the enforcement or to restrain violations of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding.
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Stable record: federal_law:legal_authorities:record_usc_1a330f484cd3b3111fc027b3
Source file: Laws/federal/codes/united-states-code/title-21/section-467c-federal-court-jurisdiction-of-enforcement-and-injunction-proceedings-and--1b6de339c3.md
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Passage SHA-256: 396dc81a02d8ad844f75fd8495a31890e5ec41790a7fcdb2ba311bbbec8d3bd9
Source location: Title 21, Chapter 10, § 467c; chapter-010-poultry-and-poultry-products-inspection.md
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The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in section 457(d) or 467 of this title. All proceedings for the enforcement or to restrain violations of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bonds; court costs and fees, storage, and other expenses against claimants; jury trial; United States as plaintiff**
(1) Any poultry product, or any dead, dying, disabled, or diseased poultry, that is being transported in commerce or otherwise subject to this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (B) is capable of use as human food and is adulterated or misbranded, or (C) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other proper court as provided in [section 467c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467c&num=0&edition=prelim) within the jurisdiction of which the article or poultry is found.
(2) If the article or poultry is condemned it shall, after entry of the decree, (A) be distributed in accordance with paragraph (5), or (B) be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the article or poultry shall not be sold contrary to the provisions of this chapter, or the laws of the jurisdiction in which it is sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the article or poultry shall not be sold or otherwise disposed of cont
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 467b
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Federal law — U.S. Code and appendices · legal_authorities
For the efficient administration and enforcement of this chapter, the provision (including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraphs (c) through (h) of section 46 and the last paragraph of section 49 11 See References in Text note below. of title 15), and the provisions of section 409(l) 1 of title 47, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, and the powers conferred by said sections 49 and 50 of title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any court designated in [section 467c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 467d
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Federal law — U.S. Code and appendices · legal_authorities
Page 735
TITLE 21—FOOD AND DRUGS
§ 467e
1 See References in Text note below.
entry of the decree that such article is whole-
some and not so adulterated; and
(iii) is plainly marked ‘‘Not for Sale’’ on
such article or its container.
(B) The United States may not be held legally
responsible for any article that is distributed
under subparagraph (A) to a nonprofit, private
entity or to a Federal, State, or local govern-
ment entity, if such article—
(i) was found after inspection under this
chapter to be wholesome and not adulterated
within the meaning of paragraphs (1) through
(7) of section 453(g) of this title and a deter-
mination was made at the time of the entry of
the decree that such article was wholesome
and not so adulterated; and
(ii) was plainly marked ‘‘Not for Sale’’ on
such article or its container.
(C) The person from whom such article was
seized and condemned may not be held legally
responsible for such article, if such article—
(i) was found after inspection under this
chapter to be wholesome and not adulterated
within the meaning of paragraphs (1) through
(7) of section 453(g) of this title and a deter-
mination was made at the time of entry of the
decree that such article was wholesome and
not so adulterated; and
(ii) was plainly marked ‘‘Not for Sale’’ on
such article or its container.
(b) Condemnation or seizure under other provi-
sions unaffected
The provisions of this section shall in no way
derogate from authority for condemnation or
seizure conferred by other provisions of this
chapter, or other laws.
(Pub. L. 85–172, § 20, as added Pub. L. 90–492, § 17,
Aug. 18, 1968, 82 Stat. 806; amended Pub. L.
101–205, § 2, Dec. 7, 1989, 103 Stat. 1830.)
Editorial Notes
AMENDMENTS
1989—Subsec. (a). Pub. L. 101–205 designated
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 467c
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