21 U.S.C. § 462 — Reporting of violations; notice; opportunity to present views
submitted 69 years ago by Pub. L. 85-172 to r/title-21-FOOD-AND-DRUGS · 99 words · no verdicts yet
Before the Secretary reports a poultry-law violation to a U.S. attorney for criminal prosecution, the accused person must get reasonable notice and a chance to respond, in writing or in person. The Secretary is not required to seek prosecution if a warning letter would adequately protect the public and secure compliance instead.
Before any violation of this chapter is reported by the Secretary* 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 to report for criminal prosecution violations of this chapter whenever he believes that the public interest will be adequately served and compliance with the chapter obtained by a suitable written notice or warning.
Source credit: (Pub. L. 85–172, § 13, Aug. 28, 1957, 71 Stat. 447.)
- 1957Enacted · Pub. L. 85-172 · 71 Stat. 447
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-172 on 1957-08-28.
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