21 U.S.C. § 673 — Seizure and condemnation

Page 764 TITLE 21—FOOD AND DRUGS § 673 resentative for a period not to exceed twenty days, pending action under section 673 of this title or notification of any Federal, State, or other governmental authorities having jurisdic- tion over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so de- tained, until released by such representative. All official marks may be required by such rep- resentative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks. (Mar. 4, 1907, ch. 2907, title IV, § 402, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 598.) § 673. Seizure and condemnation (a) Proceedings in rem; libel of information; ju- risdiction; disposal by destruction or sale; proceeds into the Treasury; sales restric- tions; bond; court costs and fees, storage, and other expenses against claimants; pro- ceedings in admiralty; jury trial; United States as plaintiff (1) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that is being transported in commerce or otherwise subject to subchapter I or II of this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been prepared, sold, trans- ported, or otherwise distributed or offered or re- ceived for distribution in violation of this chap- ter, 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 lia- ble to be proceeded against and seized and con- demned, at any time, on a libel of information in any United States district court or other proper court as provided in section 674 of this title within the jurisdiction of which the article or animal is found. (2) If the article or animal is condemned it shall, after entry of the decree, (A) be distrib- uted 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 prop- er expenses, shall be paid into the Treasury of the United States, but the article or animal 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 execu- tion and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the ju- risdiction in which disposal is made, the court may direct that such article or animal be deliv- ered to the owner thereof subject to such super- vision by authorized representatives of the Sec- retary as is necessary to insure compliance with the applicable laws. (3) When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal. (4) The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may de- mand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. (5)(A) An article that is condemned under paragraph (1) may as the court may direct, after entry of the decree, be distributed without charge to nonprofit, private entities or to Fed- eral, State, or local government entities en- gaged in the distribution of food without charge to individuals, if such article— (i) has been inspected under this chapter and found to be wholesome and not to be adulter- ated within the meaning of paragraphs (1) through (7) and (9) of section 601(m) of this title and a determination is made at the time of the entry of the decree that such article is wholesome and not so adulterated; and (ii) 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) and (9) of section 601(m) of this title and a determination 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) and (9) of section 601(m) of this title and a determination 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. (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. (Mar. 4, 1907, ch. 2907, title IV, § 403, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 598; amended Pub. L. 101–205, § 1, Dec. 7, 1989, 103 Stat. 1829.) Editorial Notes AMENDMENTS 1989—Subsec. (a). Pub. L. 101–205 designated first sen- tence as par. (1) and redesignated cls. (1) to (3) as cls. (A) to (C), respectively, designated second sentence as par. (2) and inserted ‘‘(A) to be distributed in accord- ance with paragraph (5), or (B)’’ after ‘‘entry of the de- cree,’’, designated third and fourth sentences as pars. (3) and (4), respectively, and added par. (5). Page 765 TITLE 21—FOOD AND DRUGS § 677 1 See References in Text note below. § 674. Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations of section 607(e) of this title 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 Terri- tories, are vested with jurisdiction specifically to enforce, and to prevent and restrain viola- tions of, this chapter, and shall have jurisdic- tion in all other kinds of cases arising under this chapter, except as provided in section 607(e) of this title. (Mar. 4, 1907, ch. 2907, title IV, § 404, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) § 675. Assaulting, resisting, or impeding certain persons; murder; protection of such persons Any person who forcibly assaults, resists, op- poses, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sec- tions 1111 and 1114 of title 18. (Mar. 4, 1907, ch. 2907, title IV, § 405, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) § 676. Violations (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 imprison- ment 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 de- fraud, or any distribution or attempted distribu- tion 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 re- ceiving 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 docu- ments, if any there be, pertaining to the deliv- ery 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 prosecu- tion 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. (Mar. 4, 1907, ch. 2907, title IV, § 406, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599; amended Pub. L. 99–641, title IV, § 403(c), Nov. 10, 1986, 100 Stat. 3570.) Editorial Notes AMENDMENTS 1986—Subsec. (b). Pub. L. 99–641, § 403(c)(1), tempo- rarily inserted provisions which related to factors re- quired 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, § 403(c)(2), temporarily added subsec. (c). See Effective and Termination Dates of 1986 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT Pub. L. 99–641, title IV, § 403(c), Nov. 10, 1986, 100 Stat. 3570, provided that the amendment made by that sec- tion 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 Pro- gram’’ and ‘‘Savings Provision’’, respectively, under section 609 of this title. § 677. Other Federal laws applicable for adminis- tration and enforcement of chapter; location of inquiries; jurisdiction of Federal courts For the efficient administration and enforce- ment of this chapter, the provisions (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 1 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, firm, or corporation with respect to whom such authority is exercised. The Sec- retary, 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 des- ignated in section 674 of this title. (Mar. 4, 1907, ch. 2907, title IV, § 407, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) Editorial Notes REFERENCES IN TEXT The last paragraph of section 49 of title 15, and the provisions of section 409(l) of title 47, referred to in