§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.

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

Amendment of Section

Pub. L. 102–237, title X, §1012(e), (h), Dec. 13, 1991, 105 Stat. 1900 , 1901, provided that, effective 12 months after promulgation of final implementing regulations, this section is amended by inserting before the period at the end of the last sentence the following: "or an action to assess civil penalties".

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.