
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1042]

 
                        TITLE 21--FOOD AND DRUGS
 
                   CHAPTER 15--EGG PRODUCTS INSPECTION
 
Sec. 1042. Reporting of violation to United States attorney for 
        institution of criminal proceedings; procedure; presentation of 
        views
        
    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.

(Pub. L. 91-597, Sec. 13, Dec. 29, 1970, 84 Stat. 1628; Pub. L. 96-88, 
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-237, 
title X, Sec. 1012(e), Dec. 13, 1991, 105 Stat. 1900.)


                               Amendments

    1991--Pub. L. 102-237 inserted ``or an action to assess civil 
penalties'' before period at end.

                         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 Amendment

    Amendment 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.
