21 U.S.C. § 611: Devices, marks, labels, and…

Summary

Only people the Secretary allows may make, print, or produce any official mark, label, certificate, or anything that looks like them. No brand maker, printer, or company may make those items unless the Secretary gives permission. The law also bans six kinds of wrong acts: forging official marks or certificates; using or changing marks or certificates without permission; not following the Secretary’s rules about using or destroying marks or certificates; knowingly having official devices or fake/changed marks without promptly telling the Secretary or the Secretary’s representative; lying on shipper’s or other certificates the Secretary requires; and saying an item was inspected, passed, or exempted under this law when it was not.

Title 21, §611

Food and Drugs, Source: USLM XML via OLRC

(a)Devices to be made under authorization of Secretary

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)Other misconduct

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