dreamproit/uscode huggingface dataset:
21 U.S.C. § 964 (FOOD AND DRUGS)
§ 964. Additional penalties
Any penalty imposed for violation of this subchapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
(Pub. L. 91–513, title III, § 1014, Oct. 27, 1970, 84 Stat. 1291.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title.
21 U.S.C. § 965 (FOOD AND DRUGS)
§ 965. Applicability of part E of subchapter I
Part E of subchapter I shall apply with respect to functions of the Attorney General (and of officers and employees of the Bureau of Narcotics and Dangerous Drugs) under this subchapter, to administrative and judicial proceedings under this subchapter, and to violations of this subchapter, to the same extent that such part applies to functions of the Attorney General (and such officers and employees) under subchapter I, to such proceedings under subchapter I, and to violations of subchapter I. For purposes of the application of this section to section 880 or 881 of this title, any reference in such section 880 or 881 of this title to “this subchapter” shall be deemed to be a reference to this subchapter, any reference to section 823 of this title shall be deemed to be a reference to section 958 of this title, and any reference to section 822(d) of this title shall be deemed to be a reference to section 957(b)(2) of this title.
(Pub. L. 91–513, title III, § 1015, Oct. 27, 1970, 84 Stat. 1291; Pub. L. 95–633, title III, § 301(b), Nov. 10, 1978, 92 Stat. 3778.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–633 inserted “or 881” after “880” wherever appearing.
heading: Executive Documents
heading: Transfer of Functions
text: For abolition of Bureau of Narcotics and Dangerous Drugs, including Office of Director thereof, and creation of a single comprehensive agency for enforcement of drug laws by Reorg. Plan No. 2 of 1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, see note set out under section 881 of this title.
21 U.S.C. § 966 (FOOD AND DRUGS)
§ 966. Authority of Secretary of the Treasury
Nothing in this chapter shall derogate from the authority of the Secretary of the Treasury under the customs and related laws.
(Pub. L. 91–513, title III, § 1016, Oct. 27, 1970, 84 Stat. 1291.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
21 U.S.C. § 968 (FOOD AND DRUGS)
§ 968. Service of subpena; proof of service
A subpena of the Secretary of the Treasury may be served by any person designated in the subpena to serve it. Service upon a natural person may be made by personal delivery of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service.
(Aug. 11, 1955, ch. 800, § 2, 69 Stat. 685.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which comprises this chapter.
Section was formerly classified to section 1035 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877.
Section was also formerly classified to section 198b of this title.
21 U.S.C. § 969 (FOOD AND DRUGS)
§ 969. Contempt proceedings
In case of contumacy by, or refusal to obey a subpena issued to, any person, the Secretary of the Treasury may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, carries on business or may be found, to compel compliance with the subpena of the Secretary of the Treasury. The court may issue an order requiring the subpenaed person to appear before the Secretary of the Treasury there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in the judicial district whereof the subpenaed person is an inhabitant or wherever he may be found.
(Aug. 11, 1955, ch. 800, § 3, 69 Stat. 685.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which comprises this chapter.
Section was formerly classified to section 1036 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877.
Section was also formerly classified to section 198c of this title.
21 U.S.C. § 1001...1007 (FOOD AND DRUGS)
§§ 1001 to 1007. Repealed. Pub. L. 97–35, title V, § 587(a)(3), Aug. 13, 1981, 95 Stat. 480
text: Section 1001, Pub. L. 91–527, § 2, Dec. 3, 1970, 84 Stat. 1385; Pub. L. 93–422, § 2(b), Sept. 21, 1974, 88 Stat. 1154; Pub. L. 95–336, § 2, Aug. 4, 1978, 92 Stat. 451, set forth Congressional declaration of purpose for Alcohol and Drug Abuse Education Act.
text: Section 1002, Pub. L. 91–527, § 3, Dec. 3, 1970, 84 Stat. 1386; Pub. L. 93–422, § 2(c), Sept. 21, 1974, 88 Stat. 1155; Pub. L. 95–336, §§ 3, 4, Aug. 4, 1978, 92 Stat. 451, 452; S. Res. 30, Mar. 7, 1979; Pub. L. 96–88, title III, § 301(a)(1), (2)(Q), (b)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, set forth grant and contract authority, etc., for projects and programs.
text: Section 1003, Pub. L. 91–527, § 4, Dec. 3, 1970, 84 Stat. 1387; Pub. L. 93–422, § 2(d), Sept. 21, 1974, 88 Stat. 1157; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to recordkeeping requirements, and access to and inspection of records.
text: Section 1004, Pub. L. 91–527, § 5, Dec. 3, 1970, 84 Stat. 1388; Pub. L. 93–422, § 2(e), Sept. 21, 1974, 88 Stat. 1157; Pub. L. 96–88, title V, § 508(i), Oct. 17, 1979, 93 Stat. 693, related to technical assistance to local agencies, etc.
text: Section 1005, Pub. L. 91–527, § 6, Dec. 3, 1970, 84 Stat. 1388, related to nature of payments.
text: Section 1006, Pub. L. 91–527, § 7, Dec. 3, 1970, 84 Stat. 1388, related to utilization of services and facilities of Federal agencies and public and private agencies and institutions.
text: Section 1007, Pub. L. 91–527, § 8, Dec. 3, 1970, 84 Stat. 1388; Pub. L. 93–422, § 2(f), Sept. 21, 1974, 88 Stat. 1157; Pub. L. 95–336, § 5, Aug. 4, 1978, 92 Stat. 453; Pub. L. 96–88, title III, § 301(a)(1), (2)(Q), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, defined “Secretary” and “State”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1982, see section 587(a) of Pub. L. 97–35, set out as section 3863(a) of Title 20, Education.
21 U.S.C. § 1032 (FOOD AND DRUGS)
§ 1032. Congressional declaration of policy
It is hereby declared to be the policy of the Congress to provide for the inspection of certain egg products, restrictions upon the disposition of certain qualities of eggs, and uniformity of standards for eggs, and otherwise regulate the processing and distribution of eggs and egg products as hereinafter prescribed to prevent the movement or sale for human food, of eggs and egg products which are adulterated or misbranded or otherwise in violation of this chapter.
(Pub. L. 91–597, § 3, Dec. 29, 1970, 84 Stat. 1621.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
21 U.S.C. § 1035 (FOOD AND DRUGS)
§ 1035. Sanitary operating practices in official plants
(a) Premises, facilities, and equipment
Each official plant shall be operated in accordance with such sanitary practices and shall have such premises, facilities, and equipment as are required by regulations promulgated by the Secretary to effectuate the purposes of this chapter, including requirements for segregation and disposition of restricted eggs.
(b) Refusal by Secretary to inspect nonconforming plants
The Secretary shall refuse to render inspection to any plant whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.
(Pub. L. 91–597, § 6, Dec. 29, 1970, 84 Stat. 1625.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
21 U.S.C. § 1036 (FOOD AND DRUGS)
§ 1036. Pasteurization and labeling of egg products at official plants
(a) Contents of label
Egg products inspected at any official plant under the authority of this chapter and found to be not adulterated shall be pasteurized before they leave the official plant, except as otherwise permitted by regulations of the Secretary, and shall at the time they leave the official plant, bear in distinctly legible form on their shipping containers or immediate containers, or both, when required by regulations of the Secretary, the official inspection legend and official plant number, of the plant where the products were processed, and such other information as the Secretary may require by regulations to describe the products adequately and to assure that they will not have false or misleading labeling.
(b) False or misleading or use of nonapproved labeling or containers; determination by Secretary; procedures applicable; appeal
No labeling or container shall be used for egg products at official plants if it is false or misleading or has not been approved as required by the regulations of the Secretary. If the Secretary has reason to believe that any labeling or the size or form of any container in use or proposed for use with respect to egg products at any official plant is false or misleading in any particular, he may direct that such use be withheld unless the labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the labeling or container does not accept the determination of the Secretary, such person may request a hearing, but the use of the labeling or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the United States court of appeals for the circuit in which such person has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 194 of title 7,1 shall be applicable to appeals taken under this section.
(Pub. L. 91–597, § 7, Dec. 29, 1970, 84 Stat. 1625.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
21 U.S.C. § 1038 (FOOD AND DRUGS)
§ 1038. Cooperation with appropriate State and other governmental agencies; utilization of employees; reimbursement
The Secretary shall, whenever he determines that it would effectuate the purposes of this chapter, cooperate with appropriate State and other governmental agencies, in carrying out any provisions of this chapter. In carrying out the provisions of this chapter, the Secretary may conduct such examinations, investigations, and inspections as he determines practicable through any officer or employee of any such agency commissioned by him for such purpose. The Secretary shall reimburse the States and other agencies for the costs incurred by them in such cooperative programs.
(Pub. L. 91–597, § 9, Dec. 29, 1970, 84 Stat. 1627.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
21 U.S.C. § 1039 (FOOD AND DRUGS)
§ 1039. Eggs and egg products not intended for use as human food; inspection; denaturing or otherwise identifying
Inspection shall not be provided under this chapter at any plant for the processing of any egg products which are not intended for use as human food, but such articles, prior to their offer for sale or transportation in commerce, shall be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person shall buy, sell, or transport or offer to buy or sell, or offer or receive for transportation, in commerce, any restricted eggs or egg products which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Secretary.
(Pub. L. 91–597, § 10, Dec. 29, 1970, 84 Stat. 1627.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
21 U.S.C. § 1040 (FOOD AND DRUGS)
§ 1040. Recordkeeping requirements; persons required to maintain records; scope of disclosure; access to records
For the purpose of enforcing the provisions of this chapter and the regulations promulgated thereunder, all persons engaged in the business of transporting, shipping, or receiving any eggs or egg products in commerce or holding such articles so received, and all egg handlers, shall maintain such records showing, for such time and in such form and manner, as the Secretary of Agriculture or the Secretary of Health and Human Services may prescribe, to the extent that they are concerned therewith, the receipt, delivery, sale, movement, and disposition of all eggs and egg products handled by them, and shall, upon the request of a duly authorized representative of either of said Secretaries, permit him at reasonable times to have access to and to copy all such records.
(Pub. L. 91–597, § 11, Dec. 29, 1970, 84 Stat. 1627; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
21 U.S.C. § 1042 (FOOD AND DRUGS)
§ 1042. Reporting of violation to United States attorney for institution of criminal proceedings; procedure; presentation of views
Before any violation of this chapter is reported by the Secretary of Agriculture or Secretary of Health and Human Services 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 of Agriculture or Secretary of Health and Human Services to report for criminal prosecution violations of this chapter whenever he believes that the public interest will be adequately served and compliance with this chapter obtained by a suitable written notice of warning or an action to assess civil penalties.
(Pub. L. 91–597, § 13, Dec. 29, 1970, 84 Stat. 1628; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–237, title X, § 1012(e), Dec. 13, 1991, 105 Stat. 1900.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Amendments
text: 1991—Pub. L. 102–237 inserted “or an action to assess civil penalties” before period at end.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
heading: Effective Date of 1991 Amendment
text: Amendment by Pub. L. 102–237 effective 12 months after promulgation of final implementing regulations, see section 1012(h) of Pub. L. 102–237, set out as a note under section 1034 of this title.
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
21 U.S.C. § 1043 (FOOD AND DRUGS)
§ 1043. Rules and regulations; administration and enforcement
The Secretary shall promulgate such rules and regulations as he deems necessary to carry out the purposes or provisions of this chapter, and shall be responsible for the administration and enforcement of this chapter except as otherwise provided in section 1034(d) of this title.
(Pub. L. 91–597, § 14, Dec. 29, 1970, 84 Stat. 1629.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.
21 U.S.C. § 1045 (FOOD AND DRUGS)
§ 1045. Limitation on entry of eggs and egg products and other materials into official plants
The Secretary may limit the entry of eggs and egg products and other materials into official plants under such conditions as he may prescribe to assure that allowing the entry of such articles into such plants will be consistent with the purposes of this chapter.
(Pub. L. 91–597, § 16, Dec. 29, 1970, 84 Stat. 1630.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.