Title 21 — Food and DrugsRelease 119-73
§462 Reporting of violations; notice; opportunity to present views
Title 21 › Chapter CHAPTER 10— - POULTRY AND POULTRY PRODUCTS INSPECTION › § 462
Summary
Before the Secretary asks a United States attorney to start criminal charges, the person accused must get fair warning of the alleged violation and a chance to explain their side in person or in writing. The Secretary can choose not to seek prosecution if they think a written notice or warning will protect the public interest and bring about compliance.
Full Legal Text
Title 21, §462
Food and Drugs — Source: USLM XML via OLRC
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.
Reference
Citations & Metadata
Citation
21 U.S.C. § 462
Title 21 — Food and Drugs
Last Updated
Apr 6, 2026
Release point: 119-73