21 U.S.C. § 611 | Devices, marks, labels, and certificates; simulations

(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.

Mar. 4, 1907, ch. 2907 34 Stat. 1263 Pub. L. 90–201Dec. 15, 196781 Stat. 584(, title I, § 11, formerly 9th par., ; renumbered § 11 and amended , §§ 1, 8, , , 589.)

Editorial Notes

Codification

section 79 of this titleSection was formerly classified to .

Amendments

Pub. L. 90–201, § 81967—, 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 Amendment

Pub. L. 90–201Dec. 15, 1967Dec. 15, 1967section 20(b) of Pub. L. 90–201 section 601 of this titleAmendment by effective , 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 , see , set out as an Effective Date note under .