21 U.S.C. § 461 — Offenses and punishment

Page 729 TITLE 21—FOOD AND DRUGS § 463 § 461. Offenses and punishment (a) Violations; liability of agents, employees, and employers Any person who violates the provisions of sec- tion 458, 459, 460, 463, or 466 of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both; but if such viola- tion involves intent to defraud, or any distribu- tion or attempted distribution of an article that is adulterated (except as defined in section 453(g)(8) of this title), such person shall be fined not more than $10,000 or imprisoned not more than three years, or both. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, cor- poration, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such indi- vidual, partnership, corporation, or association, as well as of such person. (b) Liability of carrier No carrier shall be subject to the penalties of this chapter, other than the penalties for viola- tion of section 460 of this title, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of poultry or poultry products, owned by another person unless the carrier has knowledge, or is in posses- sion of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in ac- cordance with the provisions of this chapter or were otherwise not eligible for transportation under this chapter or unless the carrier refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poul- try or poultry products to such carrier. (c) Assaulting, resisting, or impeding certain per- sons; murder; punishments 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. (Pub. L. 85–172, § 12, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90–492, § 12, Aug. 18, 1968, 82 Stat. 802.) Editorial Notes AMENDMENTS 1968—Par. (a). Pub. L. 90–492, § 12(a), inserted ref- erence to violations of section 463 of this title, and sub- stituted provisions that violators of the enumerated sections shall be fined not more than $1,000 or impris- oned not more than one year, or both, but that in cases involving intent to defraud, or any distribution or at- tempt to distribute adulterated articles, except as de- fined in section 453(g) of this title, the violators shall be fined not more than $10,000 or imprisoned not more than three years, or both, for provisions that violators shall be guilty of a misdemeanor and subject to impris- onment for not more than six months or a fine of not more than $3,000, or both, with increased fines and im- prisonment for any subsequent violations. Par. (b). Pub. L. 90–492, § 12(b), substituted ‘‘of poul- try’’ for ‘‘of slaughtered poultry’’, ‘‘such poultry’’ for ‘‘such slaughtered poultry’’, and ‘‘otherwise not eligi- ble’’ for ‘‘not otherwise eligible’’, and inserted provi- sion that no carrier shall be subject to punishment un- less the carrier refuses to furnish the name and address of the person from whom he received such poultry or poultry products, and copies of any documents per- taining to the delivery of the poultry or poultry prod- ucts to such carrier. Par. (c). Pub. L. 90–492, § 12(c), added par. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–492 effective Aug. 18, 1968, see section 20 of Pub. L. 90–492, set out as a note under section 451 of this title. § 462. Reporting of violations; notice; opportunity to present views Before any violation of this chapter is re- ported by the Secretary to any United States at- torney for institution of a criminal proceeding, the person against whom such proceeding is con- templated 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 Sec- retary to report for criminal prosecution viola- tions of this chapter whenever he believes that the public interest will be adequately served and compliance with the chapter obtained by a suit- able written notice or warning. (Pub. L. 85–172, § 13, Aug. 28, 1957, 71 Stat. 447.) § 463. Rules and regulations (a) Storage and handling of poultry products; violation of regulations The Secretary may by regulations prescribe conditions under which poultry products capable of use as human food, shall be stored or other- wise handled by any person engaged in the busi- ness of buying, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action necessary to assure that such arti- cles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited. (b) Other necessary rules and regulations The Secretary shall promulgate such other rules and regulations as are necessary to carry out the provisions of this chapter. (c) Oral presentation of views In applying the provisions of section 553(c) of title 5 to proposed rule making under this chap- ter, an opportunity for the oral presentation of views shall be accorded all interested persons. (Pub. L. 85–172, § 14, Aug. 28, 1957, 71 Stat. 447; Pub. L. 90–492, § 13, Aug. 18, 1968, 82 Stat. 803.)