Federal · Title 21 — Food and Drugs

21 U.S.C. § 1042: Reporting of violation to United States attorney for institution of criminal proceedings; procedure; presentation of views

Civil

What this law says, in plain English

This statute establishes procedural requirements for federal agencies before reporting violations to prosecutors, including notice and opportunity to be heard. It permits agencies to address violations through warnings or civil penalties instead of criminal prosecution.

Read the full statutory text

Before any violation of this chapter is reported by the Secretary of Agriculture or Secretary 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 proceeding. Nothing in this chapter shall be construed 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 public interest will be adequately served and compliance with this chapter obtained by a suitable written notice of warning or an action to assess civil penalties.

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