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, § 1384 Stat. 1628Pub. L. 96–88, title V, § 509(b)93 Stat. 695Pub. L. 102–237, title X, § 1012(e)105 Stat. 1900(, , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 91–59784 Stat. 1620section 1031 of this titleThis chapter, referred to in text, was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 102–2371991— inserted “or an action to assess civil penalties” before period at end.
Statutory Notes and Related Subsidiaries
Change of Name
section 509(b) of Pub. L. 96–88section 3508(b) of Title 20“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to , which is classified to , Education.
Effective Date of 1991 Amendment
Pub. L. 102–237section 1012(h) of Pub. L. 102–237section 1034 of this titleAmendment by effective 12 months after promulgation of final implementing regulations, see , set out as a note under .
Effective Date
section 29 of Pub. L. 91–597section 1031 of this titleFor effective date of this section, see , set out as a note under .