Title 21, Food and DrugsRelease 119-102
§1042 Reporting of Violation to United States Attorney for Institution of Criminal Proceedings; Procedure; Presentation of Views
Title 21 › CHAPTER 15 — EGG PRODUCTS INSPECTION › § 1042
Summary
Before the Agriculture or Health and Human Services Secretary asks a federal prosecutor to start a criminal case, the person who might be charged must get enough notice about the alleged violation and a fair chance to explain their side, either in person or in writing. The Secretaries do not have to ask for criminal charges if they think a warning letter or a civil penalty will protect the public and make the person follow the law.
Full Legal Text
Title 21, §1042
Food and Drugs, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in 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.
Amendments
1991—Pub. L. 102–237 inserted “or an action to assess civil penalties” before period at end.
Statutory Notes and Related Subsidiaries
Change of Name
“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.
Effective Date
of 1991 AmendmentAmendment 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.
Effective Date
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.
Reference
Citations & Metadata
Citation
21 U.S.C. § 1042
Title 21, Food and Drugs
Last Updated
Aug 21, 2026
Release point: 119-102