US Code

Public Law 119-87 (04/30/2026)

21 U.S.C. § 337

Proceedings in name of United States; provision as to subpoenas

(a)
Except as provided in subsection (b), all such proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the United States. Subpoenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any proceeding under this section.
(b)
(1)
A State may bring in its own name and within its jurisdiction proceedings for the civil enforcement, or to restrain violations, of section 341, 343(b), 343(c), 343(d), 343(e), 343(f), 343(g), 343(h), 343(i), 343(k), 343(q), or 343(r) of this title if the food that is the subject of the proceedings is located in the State.
(2)
No proceeding may be commenced by a State under paragraph (1)—
(A)
before 30 days after the State has given notice to the Secretary that the State intends to bring such proceeding,
(B)
before 90 days after the State has given notice to the Secretary of such intent if the Secretary has, within such 30 days, commenced an informal or formal enforcement action pertaining to the food which would be the subject of such proceeding, or
(C)
if the Secretary is diligently prosecuting a proceeding in court pertaining to such food, has settled such proceeding, or has settled the informal or formal enforcement action pertaining to such food.
In any court proceeding described in subparagraph (C), a State may intervene as a matter of right.

June 25, 1938, ch. 675, § 310 52 Stat. 1046 Sept. 3, 1954, ch. 1263, § 37 68 Stat. 1239 Pub. L. 101–535, § 4104 Stat. 2362 Pub. L. 102–282, § 2106 Stat. 150 (, formerly § 307, ; , ; , , ; renumbered § 310, , , .)

Editorial Notes

Amendments

Pub. L. 101–5351990— substituted “(a) Except as provided in subsection (b), all” for “All” and “any proceeding under this section” for “any such proceeding” and added subsec. (b).

section 654 of title 281954—Act , struck out reference to .

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–535section 10(a)(1)(C) of Pub. L. 101–535section 343 of this titleAmendment by effective 24 months after , except that such amendment effective , with respect to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances, see , set out as a note under .

Pub. L. 101–535Construction of Amendments by

Pub. L. 101–53521 U.S.C. 30121 U.S.C. 60121 U.S.C. 45121 U.S.C. 1031section 9 of Pub. L. 101–535section 343 of this titleAmendments by not to be construed to alter authority of Secretary of Health and Human Services and Secretary of Agriculture under the Federal Food, Drug, and Cosmetic Act ( et seq.), the Federal Meat Inspection Act ( et seq.), the Poultry Products Inspection Act ( et seq.), and the Egg Products Inspection Act ( et seq.), see , set out as a note under .