21 U.S.C. § 337 — Proceedings in name of United States; provision as to subpoenas

submitted 88 years ago by ch. 675 to r/title-21-FOOD-AND-DRUGS · 242 words · no verdicts yet

in plain englishAI-generated · not legal advice

Lawsuits to enforce this food and drug law are normally brought by the United States. A state can also sue to enforce certain food rules if the food is in that state. States must first give the federal government notice, and generally must wait 30 to 90 days before suing.

(a) Except for the state lawsuits described in (b), every case to enforce this chapter, or to stop someone from violating it, must be brought by and in the name of the United States. If witnesses must appear in a U.S. court in any district, subpoenas for them can reach into any other district too. (b)(1) A state can bring its own civil lawsuit, in its own name and within its own borders, to enforce or stop violations of certain food-labeling sections — 341, 343(b), 343(c), 343(d), 343(e), 343(f), 343(g), 343(h), 343(i), 343(k), 343(q), or 343(r) — but only if the food involved is located in that state. (2) A state can't start that lawsuit right away. It must wait: (A) at least 30 days after telling the Secretary it plans to sue; or (B) at least 90 days after that notice, if the Secretary started an enforcement action about the same food within the first 30 days; and (C) it can't sue at all if the Secretary is already actively prosecuting a court case about that food, or has already settled a court case or an enforcement action about it. If the Secretary is already prosecuting a case like the one described in (C), the state still has the right to step into that case (intervene) instead of filing its own.

the actual law source: uscode.house.gov ↗public domain

(a)

Except as provided in subsection (b), all such proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the United States. Subpoenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any proceeding under this section.

(b)

(1)

A State may bring in its own name and within its jurisdiction proceedings for the civil enforcement, or to restrain violations, of section 341, 343(b), 343(c), 343(d), 343(e), 343(f), 343(g), 343(h), 343(i), 343(k), 343(q), or 343(r) of this title if the food that is the subject of the proceedings is located in the State.

(2)

No proceeding may be commenced by a State under paragraph (1)—

(A)

before 30 days after the State has given notice to the Secretary that the State intends to bring such proceeding,

(B)

before 90 days after the State has given notice to the Secretary of such intent if the Secretary has, within such 30 days, commenced an informal or formal enforcement action pertaining to the food which would be the subject of such proceeding, or

(C)

if the Secretary is diligently prosecuting a proceeding in court pertaining to such food, has settled such proceeding, or has settled the informal or formal enforcement action pertaining to such food.

In any court proceeding described in subparagraph (C), a State may intervene as a matter of right.

Source credit: (June 25, 1938, ch. 675, § 310, formerly § 307, 52 Stat. 1046; Sept. 3, 1954, ch. 1263, § 37, 68 Stat. 1239; Pub. L. 101–535, § 4, Nov. 8, 1990, 104 Stat. 2362; renumbered § 310, Pub. L. 102–282, § 2, May 13, 1992, 106 Stat. 150.)

history & why it existsrecord from the source credit

1938Enacted · Act of June 25, 1938, ch. 675 · 52 Stat. 1046
1954Amended · Act of Sept. 3, 1954, ch. 1263 · 68 Stat. 1239
1990Amended · Pub. L. 101-535 · 104 Stat. 2362
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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