21 U.S.C. § 1042 — Reporting of violation to United States at-

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 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 pro- ceeding. Nothing in this chapter shall be con- strued 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 pub- lic interest will be adequately served and com- pliance with this chapter obtained by a suitable written notice of warning or an action to assess civil penalties. (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 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 chap- ter. 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’’ sub- stituted 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, Edu- cation. 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. § 1043. Rules and regulations; administration and enforcement The Secretary shall promulgate such rules and regulations as he deems necessary to carry out the purposes or provisions of this chapter, and shall be responsible for the administration and enforcement of this chapter except as otherwise provided in section 1034(d) of this title. (Pub. L. 91–597, § 14, Dec. 29, 1970, 84 Stat. 1629.) 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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. Statutory Notes and Related Subsidiaries 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. § 1044. Exemption of certain activities (a) Regulation for exemptions The Secretary may, by regulation and under such conditions and procedures as he may pre- scribe, exempt from specific provisions of this chapter— (1) the sale, transportation, possession, or use of eggs which contain no more restricted eggs than are allowed by the tolerance in the official standards of United States consumer grades for shell eggs; (2) the processing of egg products at any plant where the facilities and operating proce- dures meet such sanitary standards as may be prescribed by the Secretary, and where the eggs received or used in the manufacture of egg products contain no more restricted eggs than are allowed by the official standards of United States consumer grades for shell eggs, and the egg products processed at such plant; (3) the sale of eggs by any poultry producer from his own flocks directly to a household