
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: 21USC461]

 
                        TITLE 21--FOOD AND DRUGS
 
           CHAPTER 10--POULTRY AND POULTRY PRODUCTS INSPECTION
 
Sec. 461. Offenses and punishment


(a) Violations; liability of agents, employees, and employers

    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) Liability of carrier

    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) Assaulting, resisting, or impeding certain persons; murder; 
        punishments

    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 sections 1111 and 
1114 of title 18.

(Pub. L. 85-172, Sec. 12, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90-492, 
Sec. 12, Aug. 18, 1968, 82 Stat. 802.)


                               Amendments

    1968--Par. (a). Pub. L. 90-492, Sec. 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, Sec. 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, Sec. 12(c), added par. (c).


                    Effective Date of 1968 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in section 454 of this title.
