21 U.S.C. § 336 — Report of minor violations
submitted 88 years ago by ch. 675 to r/title-21-FOOD-AND-DRUGS · 47 words · no verdicts yet
The Secretary doesn't have to prosecute every small violation of this law. A written notice or warning can be enough instead. This applies only when the Secretary believes the public interest is still protected.
This section gives the Secretary* flexibility for minor violations of this chapter. Nothing here forces the Secretary to send a minor violation to prosecutors, or to start court proceedings to seize goods (libel) or stop conduct (injunction). Instead, if the Secretary believes a written notice or warning adequately protects the public interest, that written notice or warning can be used instead of pursuing formal legal action.
Nothing in this chapter shall be construed as requiring the Secretary* to report for prosecution, or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice or warning.
Source credit: (June 25, 1938, ch. 675, § 309, formerly § 306, 52 Stat. 1045; renumbered § 309, Pub. L. 102–282, § 2, May 13, 1992, 106 Stat. 150.)
- 1938Enacted · Act of June 25, 1938, ch. 675 · 52 Stat. 1045
- 1992Amended · Pub. L. 102-282 · 106 Stat. 150
A history note hasn’t been published yet. The record shows enactment by ch. 675 on 1938-06-25.
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