21 U.S.C. § 332 — Injunction proceedings
submitted 88 years ago by ch. 675 to r/title-21-FOOD-AND-DRUGS · 83 words · no verdicts yet
Federal and territorial courts can order people to stop violating section 331, except paragraphs (h), (i), and (j). If a person violates such an order and also breaks this chapter's rules, a judge holds the trial. But the accused person can demand a jury trial instead.
(a) Jurisdiction of courts
The federal district courts, including the courts in the U.S. Territories, have the power to stop people from violating section 331 of this title. A court can issue this kind of order — called an injunction — whenever there's good cause to do so. This power doesn't cover every part of section 331, though. It doesn't apply to three specific parts of that section: paragraphs (h), (i), and (j).
(b) Violation of injunction
Suppose someone breaks an injunction or restraining order that a court issued under this section. If that same act also breaks a rule somewhere else in this chapter, here's how the case gets decided: normally, a judge decides the case alone, without a jury. But the accused person* can ask for a jury trial instead. If they make that demand, a jury decides the case.
The district courts of the United States and the United States courts of the Territories shall have jurisdiction, for cause shown 1 to restrain violations of section 331 of this title, except paragraphs (h), (i), and (j).
In case of violation of an injunction or restraining order issued under this section, which also constitutes a violation of this chapter, trial shall be by the court, or, upon demand of the accused, by a jury.
Source credit: (June 25, 1938, ch. 675, § 302, 52 Stat. 1043; Pub. L. 87–781, title I, § 103(d), title II, § 201(c), Oct. 10, 1962, 76 Stat. 784, 793; Pub. L. 103–80, § 3(d), Aug. 13, 1993, 107 Stat. 775.)
- 1938Enacted · Act of June 25, 1938, ch. 675 · 52 Stat. 1043
- 1962Amended · Pub. L. 87-781 · 76 Stat. 784, 793
- 1993Amended · Pub. L. 103-80 · 107 Stat. 775
A history note hasn’t been published yet. The record shows enactment by ch. 675 on 1938-06-25.
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