21 U.S.C. § 158 — Offenses; punishment

Page 19 TITLE 21—FOOD AND DRUGS §§ 161 to 165 828, which enacted this chapter, sections 155 and 393 of Title 7, Agriculture, section 316 of Title 15, Commerce and Trade, sections 501, 502, 512, 558, and 560 of Title 16, Conservation, and section 630 of former Title 31, Money and Finance, and amended section 83 of former Title 5, Executive Departments and Government Officers and Employees, and sections 518 and 673 of Title 16. Section 316 of Title 15 was omitted from the Code as superseded by section 5701 et seq. of Title 5, Govern- ment Organization and Employees. Section 630 of former Title 31 was repealed by act Sept. 12, 1950, ch. 946, title III, § 301(64), 64 Stat. 842. Section 83 of former Title 5 was repealed and reenacted as section 5946 of Title 5 by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 514. For complete classification of act Mar. 4, 1913, to the Code, see Tables. CODIFICATION See note set out under section 151 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 157. Inspection Any officer, agent, or employee of the Depart- ment of Agriculture duly authorized by the Sec- retary of Agriculture for the purpose may, at any hour during the daytime or nighttime, enter and inspect any establishment where any virus, serum, toxin, or analogous product for use in the treatment of domestic animals is prepared for sale, barter, exchange, or shipment as aforesaid. (Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 833; Pub. L. 99–198, title XVII, § 1768(d), Dec. 23, 1985, 99 Stat. 1655.) Editorial Notes CODIFICATION See note set out under section 151 of this title. Another section 1768 of Pub. L. 99–198, cited as a cred- it to this section, amended section 136y of Title 7, Agri- culture. AMENDMENTS 1985—Pub. L. 99–198 struck out ‘‘licensed under this chapter’’ after ‘‘enter and inspect any establishment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Dec. 23, 1985, except as otherwise provided, see section 1768(f) of Pub. L. 99–198, set out as a note under section 151 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 158. Offenses; punishment Any person, firm, or corporation who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not exceeding $1,000 or by imprisonment not ex- ceeding one year, or by both such fine and im- prisonment, in the discretion of the court. (Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 833.) Editorial Notes REFERENCES IN TEXT For explanation of ‘‘this chapter’’, referred to in text, see References in Text note set out under section 156 of this title. CODIFICATION See note set out under section 151 of this title. § 159. Enforcement; penalties applicable; Con- gressional findings The procedures of sections 672, 673, and 674 of this title (relating to detentions, seizures and condemnations, and injunctions, respectively) shall apply to the enforcement of this chapter with respect to any product prepared, sold, bartered, exchanged, or shipped in violation of this chapter or a regulation promulgated under this chapter. The provisions (including pen- alties) of section 675 of this title shall apply to the performance of official duties under this chapter. Congress finds that (i) the products and activities that are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and (ii) regulation of the products and activities as provided in this chapter is nec- essary to prevent and eliminate burdens on such commerce and to effectively regulate such com- merce. (Mar. 4, 1913, ch. 145, § 1 (part), as added Pub. L. 99–198, title XVII, § 1768(e), Dec. 23, 1985, 99 Stat. 1655.) Editorial Notes CODIFICATION See note set out under section 151 of this title. Another section 1768 of Pub. L. 99–198, cited as a cred- it to this section, amended section 136y of Title 7, Agri- culture. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 23, 1985, except as otherwise provided, see section 1768(f) of Pub. L. 99–198, set out as an Effective Date of 1985 Amendment note under sec- tion 151 of this title. CHAPTER 5A—BUREAU OF NARCOTICS §§ 161 to 165. Omitted Editorial Notes CODIFICATION Section 161, acts June 14, 1930, ch. 488, § 1, 46 Stat. 585; Oct. 15, 1949, ch. 695, § 6(a), 63 Stat. 881, established a Bureau of Narcotics in the Department of the Treasury and provided for appointment of a Commissioner of Narcotics for the Bureau with duty of making an an- nual report to Congress. Section 162, acts June 14, 1930, ch. 488, § 2, 46 Stat. 585; June 26, 1930, ch. 623, § 1, 46 Stat. 819; Oct. 27, 1970, Pub.