21 U.S.C. § 461 — Offenses and punishment

submitted 69 years ago by Pub. L. 85-172 to r/title-21-FOOD-AND-DRUGS · 423 words · no verdicts yet

in plain englishAI-generated · not legal advice

This poultry-inspection law sets criminal penalties for violating the Act's core rules, for assaulting an inspector, and for killing an inspector on duty. It also limits when a carrier — a trucking or shipping company — can be held liable for poultry that turns out to be uninspected or unsafe.

(a) Violations; liability of agents, employees, and employers. Anyone who violates section 458, 459, 460, 463, or 466 can be fined up to $1,000, imprisoned up to one year, or both. If the violation involves intent to defraud, or involves distributing (or trying to distribute) an "adulterated" product — except as defined in section 453(g)(8) — the fine goes up to $10,000 and imprisonment up to three years. Whenever someone acting for or employed by an individual, partnership, corporation, or association does something wrong within the scope of their job, the law treats it as the act of that individual, partnership, corporation, or association too, not just the employee. (b) Liability of carriers. A carrier — for example, a trucking or shipping company — that receives, carries, holds, or delivers poultry or poultry products owned by someone else, in the normal course of business, is not subject to these penalties (except the one for violating section 460) unless the carrier actually knew, or had facts that would make a reasonable person believe, that the poultry was not properly inspected or marked, or was otherwise not allowed to be shipped under this law — or unless the carrier refuses to tell the Secretary's representative who it received the poultry from, or refuses to hand over related delivery documents. (c) Assaulting, resisting, or impeding inspectors; murder; punishments. Anyone who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with a person doing official duties under this law can be fined up to $5,000, imprisoned up to three years, or both. Using a deadly or dangerous weapon while doing this raises the fine to $10,000 and imprisonment to ten years. Killing a person while they are performing official duties under this law is punished under sections 1111 and 1114 of title 18 (the general federal murder and killing-of-a-federal-officer laws).

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

(a) Violations; liability of agents, employees, and employers

Any person who violates the provisions of section 458, 459, 460, 463, or 466 of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 453(g)(8) of this title), such person shall be fined not more than $10,000 or imprisoned not more than three years, or both. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.

(b) Liability of carrier

No carrier shall be subject to the penalties of this chapter, other than the penalties for violation of section 460 of this title, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of poultry or poultry products, owned by another person unless the carrier has knowledge, or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in accordance with the provisions of this chapter or were otherwise not eligible for transportation under this chapter or unless the carrier refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products to such carrier.

Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sections 1111 and 1114 of title 18.

Source credit: (Pub. L. 85–172, § 12, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90–492, § 12, Aug. 18, 1968, 82 Stat. 802.)

history & why it existsrecord from the source credit

1957Enacted · Pub. L. 85-172 · 71 Stat. 446
1968Amended · Pub. L. 90-492 · 82 Stat. 802

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-172 on 1957-08-28.

all 0 arguments · sorted by: best

no arguments yet — make the first case