§611 — Title 21 Food and Drugs | U.S. Code

Summary

People and companies may not make or print anything that uses or copies an official mark, label, or certificate unless the Secretary gives permission. No one may forge or use those marks or certificates without permission. They must follow the Secretary’s rules about using, removing, or destroying them. If someone has an official device, or any fake, altered, or counterfeit certificate, label, or animal carcass or product with a fake mark, they must promptly tell the Secretary or their representative. People also may not lie on shipper’s or other required certificates, or say something was inspected, passed, or exempt when it was not.

Title 21, §611

Food and Drugs — Source: USLM XML via OLRC

(a)No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.

(b)No person, firm, or corporation shall—

(1)forge any official device, mark, or certificate;

(2)without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;

(3)contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;

(4)knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(5)knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or

(6)knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 79 of this title.

Amendments

1967—Pub. L. 90–201, § 8, clarified application to brand manufacturers and printers of existing prohibition against counterfeiting official marks, labels or certificates, the provisions with respect to forgery, unauthorized use or failure to use official marks, or similar items, and similar offenses, and existing prohibitions with respect to false statements in official or nonofficial certificates, and added restriction upon possession of official devices, or devices, labels, meat, or other articles bearing counterfeit official marks, counterfeit official certificates, or similar items, and prohibition against false representations.

Statutory Notes and Related Subsidiaries

Effective Date

of 1967 AmendmentAmendment by Pub. L. 90–201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90–201, set out as an

Effective Date

note under section 601 of this title.

§611 Devices, marks, labels, and certificates; simulations

Summary

Title 21, §611

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata