Title 21, Food and DrugsRelease 119-102

§462 Reporting of Violations; Notice; Opportunity to Present Views

Title 21 › CHAPTER 10 — POULTRY AND POULTRY PRODUCTS INSPECTION › § 462

Last updated Aug 21, 2026|Official source

Summary

Before the Secretary asks a U.S. attorney to start criminal charges, the person who may be charged must get reasonable notice of the alleged violation and a chance to explain their side, either in person or in writing. The Secretary does not have to ask for criminal prosecution if they believe a written notice or warning will protect the public interest and get the person to follow the law.

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

Aug 21, 2026

Release point: 119-102