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

Summary

Violating the rules in sections 458, 459, 460, 463, or 466 can lead to criminal penalties. A person can be fined up to $1,000 or jailed up to one year, or both. If the violation involves an intent to defraud or the distribution or attempted distribution of an adulterated article (except as defined in section 453(g)(8)), the fine can be up to $10,000 or jail up to three years, or both. An employee’s actions or failures while doing their job are also treated as the actions or failures of their employer or business. A carrier who transports poultry for others in the normal course of business is not liable for these penalties (except for violating section 460) unless the carrier knows, or has facts that would make a reasonable person suspect, the poultry was not properly inspected or eligible for transport, or the carrier refuses to give a Secretary’s representative the name and address of who they received the poultry from and any delivery documents. Anyone who forcibly assaults, resists, or interferes with an official doing their duties under this law faces up to $5,000 or three years in jail, or both; using a deadly or dangerous weapon raises the penalty to up to $10,000 or ten years, or both. Killing such an official is punished under 18 U.S.C. 1111 and 1114.

Title 21, §461

Food and Drugs — Source: USLM XML via OLRC

(a)Any person who violates the provisions of section 458, 459, 460, 463, or 466 of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 453(g)(8) of this title), such person shall be fined not more than $10,000 or imprisoned not more than three years, or both. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.

(b)No carrier shall be subject to the penalties of this chapter, other than the penalties for violation of section 460 of this title, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of poultry or poultry products, owned by another person unless the carrier has knowledge, or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in accordance with the provisions of this chapter or were otherwise not eligible for transportation under this chapter or unless the carrier refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products to such carrier.

(c)Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under section 1111 and 1114 of title 18.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1968—Par. (a). Pub. L. 90–492, § 12(a), inserted reference to violations of section 463 of this title, and substituted provisions that violators of the enumerated sections shall be fined not more than $1,000 or imprisoned not more than one year, or both, but that in cases involving intent to defraud, or any distribution or attempt to distribute adulterated articles, except as defined in section 453(g) of this title, the violators shall be fined not more than $10,000 or imprisoned not more than three years, or both, for provisions that violators shall be guilty of a misdemeanor and subject to imprisonment for not more than six months or a fine of not more than $3,000, or both, with increased fines and imprisonment for any subsequent violations. Par. (b). Pub. L. 90–492, § 12(b), substituted “of poultry” for “of slaughtered poultry”, “such poultry” for “such slaughtered poultry”, and “otherwise not eligible” for “not otherwise eligible”, and inserted provision that no carrier shall be subject to punishment unless the carrier refuses to furnish the name and address of the person from whom he received such poultry or poultry products, and copies of any documents pertaining to the delivery of the poultry or poultry products to such carrier. Par. (c). Pub. L. 90–492, § 12(c), added par. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–492 effective Aug. 18, 1968, see section 20 of Pub. L. 90–492, set out as a note under section 451 of this title.

§461 Offenses and Punishment