21 U.S.C. § 1049 — Seizure and condemnation proceedings

Page 922 TITLE 21—FOOD AND DRUGS § 1048 § 1048. Administrative detention of violative arti- cles; duration; release; removal of official marks Whenever any eggs or egg products subject to this chapter, are found by any authorized rep- resentative of the Secretary upon any premises and there is reason to believe that they are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale or transportation in violation of this chapter or that they are in any other way in violation of this chapter, or whenever any restricted eggs ca- pable of use as human food are found by such a representative in the possession of any person not authorized to acquire such eggs under the regulations of the Secretary, such articles may be detained by such representative for a reason- able period but not to exceed twenty days, pend- ing action under section 1049 of this title or no- tification of any Federal, State, or other govern- mental authorities having jurisdiction over such articles and shall not be moved by any person from the place at which they are located when so detained until released by such representa- tive. All official marks may be required by such representative to be removed from such articles before they are released unless it appears to the satisfaction of the Secretary that the articles are eligible to retain such marks. (Pub. L. 91–597, § 19, Dec. 29, 1970, 84 Stat. 1631.) 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. § 1049. Seizure and condemnation proceedings (a) Jurisdiction; disposal of condemned articles; court costs and fees; conformity to supple- mental rules for admiralty and maritime claims; jury trial; United States as plaintiff Any eggs or egg products that are or have been processed, bought, sold, possessed, used, trans- ported, or offered or received for sale or trans- portation, in violation of this chapter, or in any other way are in violation of this chapter; and any restricted eggs, capable of use as human food, in the possession of any person not author- ized to acquire such eggs under the regulations of the Secretary shall be liable to be proceeded against and seized and condemned, at any time, on a complaint in any United States district court or other proper court as provided in sec- tion 1050 of this title within the jurisdiction of which the articles are found. If the articles are condemned they shall, after entry of the decree, 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 articles shall not be sold contrary to the provision of this chapter, the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] or the Fair Packaging and La- beling Act [15 U.S.C. 1451 et seq.], or the laws of the jurisdiction in which they are sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the articles shall not be sold or otherwise disposed of con- trary to the provisions of this chapter, the Fed- eral Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, or the laws of the jurisdiction in which disposal is made, the court may direct that they be delivered to the owner thereof subject to such supervision by author- ized representatives of the Secretary as is nec- essary to insure compliance with the applicable laws. When a decree of condemnation is entered against the articles and they are 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 thereof. The proceedings in such cases shall conform, as nearly as may be, to the supplemental rules for certain admiralty and maritime claims, except that either party may demand 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. (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. 91–597, § 20, Dec. 29, 1970, 84 Stat. 1631.) 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. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. The Fair Packaging and Labeling Act, referred to in subsec. (a), is Pub. L. 89–755, Nov. 3, 1966, 80 Stat. 1296, which is classified generally to chapter 39 (§ 1451 et seq.) of Title 15, Commerce and Trade. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1451 of Title 15 and Tables. The supplemental rules for certain admiralty and maritime claims, referred to in subsec. (a), were re- named the Supplemental Rules for Admiralty or Mari- time Claims and Asset Forfeiture Actions and are set out as part of the Federal Rules of Civil Procedure in the Appendix to Title 28, Judiciary and Judicial Proce- dure. 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. Page 923 TITLE 21—FOOD AND DRUGS § 1052 1 See References in Text note below. § 1050. Jurisdiction of district courts; United States as plaintiff in enforcement and re- straining proceedings; subpenas for wit- nesses The United States district courts and the Dis- trict Court of the Virgin Islands are vested with jurisdiction specifically to enforce, and to pre- vent and restrain violations of, this chapter, and shall have jurisdiction in all other cases, arising under this chapter, except as provided in section 1047 of this title. All proceedings for the enforce- ment 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. (Pub. L. 91–597, § 21, Dec. 29, 1970, 84 Stat. 1632.) 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. § 1051. Other Federal laws applicable for admin- istration and enforcement of chapter; pros- ecution of inquiries; exercise of jurisdiction 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 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 chap- ter 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 1050 of this title. (Pub. L. 91–597, § 22, Dec. 29, 1970, 84 Stat. 1632.) 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. The last paragraph of section 49 of title 15, and the provisions of section 409(l) of title 47, referred to in text, which related to immunity of witnesses, were re- pealed by sections 211 and 242, respectively, of Pub. L. 91–452, Oct. 15, 1970, title II, 84 Stat. 929, 930. For provi- sions relating to immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. 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. § 1052. State or local regulation (a) Prohibition against additional or different re- quirements than Federal requirements relat- ing to premises, facilities, and operations at official plants; authority to impose record- keeping and related requirements consistent with Federal requirements Requirements within the scope of this chapter with respect to premises, facilities, and oper- ations of any official plant which are in addition to or different than those made under this chap- ter may not be imposed by any State or local ju- risdiction except that any such jurisdiction may impose recordkeeping and other requirements within the scope of section 1040 of this title, if consistent therewith, with respect to any such plant. (b) Prohibition against additional or different standards than Federal standards of quality, etc., or requiring labeling to show area of production or origin; authority to require name, address, and license number of proc- essor or packer on containers; prohibition against additional or different requirements than Federal requirements relating to label- ing, packaging or ingredients; authority to prevent distribution of violative articles; va- lidity of nonconflicting laws For eggs which have moved or are moving in interstate or foreign commerce, (1) no State or local jurisdiction may require the use of stand- ards of quality, condition, weight, quantity, or grade which are in addition to or different from the official Federal standards, (2) with respect to egg handlers specified in paragraphs (1) and (2) of section 1034(e) of this title, no State or local jurisdiction may impose temperature re- quirements pertaining to eggs packaged for the ultimate consumer which are in addition to, or different from, Federal requirements, and (3) no State or local jurisdiction other than those in noncontiguous areas of the United States may require labeling to show the State or other geo- graphical area of production or origin: Provided, however, That this shall not preclude a State from requiring that the name, address, and li- cense number of the person processing or pack- aging eggs, be shown on each container. Label- ing, packaging, or ingredient requirements, in addition to or different than those made under this chapter, the Federal Food, Drug, and Cos- metic Act [21 U.S.C. 301 et seq.] and the Fair Packaging and Labeling Act [15 U.S.C. 1451 et seq.], may not be imposed by any State or local jurisdiction, with respect to egg products proc- essed at any official plant in accordance with