§ 333. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC333]
TITLE 21--FOOD AND DRUGS
CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER III--PROHIBITED ACTS AND PENALTIES
Sec. 333. Penalties
(a) Violation of section 331 of this title; second violation; intent to
defraud or mislead
(1) Any person who violates a provision of section 331 of this title
shall be imprisoned for not more than one year or fined not more than
$1,000, or both.
(2) Notwithstanding the provisions of paragraph (1) of this
section,\1\ if any person commits such a violation after a conviction of
him under this section has become final, or commits such a violation
with the intent to defraud or mislead, such person shall be imprisoned
for not more than three years or fined not more than $10,000, or both.
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\1\ So in original. Words ``of this section'' probably should not
appear.
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(b) Prescription drug marketing violations
(1) Notwithstanding subsection (a) of this section, any person who
violates section 331(t) of this title by--
(A) knowingly importing a drug in violation of section 381(d)(1)
of this title,
(B) knowingly selling, purchasing, or trading a drug or drug
sample or knowingly offering to sell, purchase, or trade a drug or
drug sample, in violation of section 353(c)(1) of this title,
(C) knowingly selling, purchasing, or trading a coupon,
knowingly offering to sell, purchase, or trade such a coupon, or
knowingly counterfeiting such a coupon, in violation of section
353(c)(2) of this title, or
(D) knowingly distributing drugs in violation of section
353(e)(2)(A) of this title,
shall be imprisoned for not more than 10 years or fined not more than
$250,000, or both.
(2) Any manufacturer or distributor who distributes drug samples by
means other than the mail or common carrier whose representative, during
the course of the representative's employment or association with that
manufacturer or distributor, violated section 331(t) of this title
because of a violation of section 353(c)(1) of this title or violated
any State law prohibiting the sale, purchase, or trade of a drug sample
subject to section 353(b) of this title or the offer to sell, purchase,
or trade such a drug sample shall, upon conviction of the representative
for such violation, be subject to the following civil penalties:
(A) A civil penalty of not more than $50,000 for each of the
first two such violations resulting in a conviction of any
representative of the manufacturer or distributor in any 10-year
period.
(B) A civil penalty of not more than $1,000,000 for each
violation resulting in a conviction of any representative after the
second conviction in any 10-year period.
For the purposes of this paragraph, multiple convictions of one or more
persons arising out of the same event or transaction, or a related
series of events or transactions, shall be considered as one violation.
(3) Any manufacturer or distributor who violates section 331(t) of
this title because of a failure to make a report required by section
353(d)(3)(E) of this title shall be subject to a civil penalty of not
more than $100,000.
(4)(A) If a manufacturer or distributor or any representative of
such manufacturer or distributor provides information leading to the
institution of a criminal proceeding against, and conviction of, any
representative of that manufacturer or distributor for a violation of
section 331(t) of this title because of a sale, purchase, or trade or
offer to purchase, sell, or trade a drug sample in violation of section
353(c)(1) of this title or for a violation of State law prohibiting the
sale, purchase, or trade or offer to sell, purchase, or trade a drug
sample, the conviction of such representative shall not be considered as
a violation for purposes of paragraph (2).
(B) If, in an action brought under paragraph (2) against a
manufacturer or distributor relating to the conviction of a
representative of such manufacturer or distributor for the sale,
purchase, or trade of a drug or the offer to sell, purchase, or trade a
drug, it is shown, by clear and convincing evidence--
(i) that the manufacturer or distributor conducted, before the
institution of a criminal proceeding against such representative for
the violation which resulted in such conviction, an investigation of
events or transactions which would have led to the reporting of
information leading to the institution of a criminal proceeding
against, and conviction of, such representative for such purchase,
sale, or trade or offer to purchase, sell, or trade, or
(ii) that, except in the case of the conviction of a
representative employed in a supervisory function, despite diligent
implementation by the manufacturer or distributor of an independent
audit and security system designed to detect such a violation, the
manufacturer or distributor could not reasonably have been expected
to have detected such violation,
the conviction of such representative shall not be considered as a
conviction for purposes of paragraph (2).
(5) If a person provides information leading to the institution of a
criminal proceeding against, and conviction of, a person for a violation
of section 331(t) of this title because of the sale, purchase, or trade
of a drug sample or the offer to sell, purchase, or trade a drug sample
in violation of section 353(c)(1) of this title, such person shall be
entitled to one-half of the criminal fine imposed and collected for such
violation but not more than $125,000.
(6) Notwithstanding subsection (a) of this section, any person who
is a manufacturer or importer of a covered product pursuant to section
384(a) of this title and knowingly fails to comply with a requirement of
section 384(e) of this title that is applicable to such manufacturer or
importer, respectively, shall be imprisoned for not more than 10 years
or fined not more than $250,000, or both.
(c) Exceptions in certain cases of good faith, etc.
No person shall be subject to the penalties of subsection (a)(1) of
this section, (1) for having received in interstate commerce any article
and delivered it or proffered delivery of it, if such delivery or
proffer was made in good faith, unless he refuses to furnish on request
of an officer or employee duly designated by the Secretary the name and
address of the person from whom he purchased or received such article
and copies of all documents, if any there be, pertaining to the delivery
of the article to him; or (2) for having violated section 331(a) or (d)
of this title, if he establishes a guaranty or undertaking signed by,
and containing the name and address of, the person residing in the
United States from whom he received in good faith the article, to the
effect, in case of an alleged violation of section 331(a) of this title,
that such article is not adulterated or misbranded, within the meaning
of this chapter designating this chapter or to the effect, in case of an
alleged violation of section 331(d) of this title, that such article is
not an article which may not, under the provisions of section 344 or 355
of this title, be introduced into interstate commerce; or (3) for having
violated section 331(a) of this title, where the violation exists
because the article is adulterated by reason of containing a color
additive not from a batch certified in accordance with regulations
promulgated by the Secretary under this chapter, if such person
establishes a guaranty or undertaking signed by, and containing the name
and address of, the manufacturer of the color additive, to the effect
that such color additive was from a batch certified in accordance with
the applicable regulations promulgated by the Secretary under this
chapter; or (4) for having violated section 331(b), (c) or (k) of this
title by failure to comply with section 352(f) of this title in respect
to an article received in interstate commerce to which neither section
353(a) nor 353(b)(1) of this title is applicable, if the delivery or
proffered delivery was made in good faith and the labeling at the time
thereof contained the same directions for use and warning statements as
were contained in the labeling at the time of such receipt of such
article; or (5) for having violated section 331(i)(2) of this title if
such person acted in good faith and had no reason to believe that use of
the punch, die, plate, stone, or other thing involved would result in a
drug being a counterfeit drug, or for having violated section 331(i)(3)
of this title if the person doing the act or causing it to be done acted
in good faith and had no reason to believe that the drug was a
counterfeit drug.
(d) Exceptions involving misbranded food
No person shall be subject to the penalties of subsection (a)(1) of
this section for a violation of section 331 of this title involving
misbranded food if the violation exists solely because the food is
misbranded under section 343(a)(2) of this title because of its
advertising.
(e) Prohibited distribution of human growth hormone
(1) Except as provided in paragraph (2), whoever knowingly
distributes, or possesses with intent to distribute, human growth
hormone for any use in humans other than the treatment of a disease or
other recognized medical condition, where such use has been authorized
by the Secretary of Health and Human Services under section 355 of this
title and pursuant to the order of a physician, is guilty of an offense
punishable by not more than 5 years in prison, such fines as are
authorized by title 18, or both.
(2) Whoever commits any offense set forth in paragraph (1) and such
offense involves an individual under 18 years of age is punishable by
not more than 10 years imprisonment, such fines as are authorized by
title 18, or both.
(3) Any conviction for a violation of paragraphs (1) and (2) of this
subsection shall be considered a felony violation of the Controlled
Substances Act [21 U.S.C. 801 et seq.] for the purposes of forfeiture
under section 413 of such Act [21 U.S.C. 853].
(4) As used in this subsection the term ``human growth hormone''
means somatrem, somatropin, or an analogue of either of them.
(5) The Drug Enforcement Administration is authorized to investigate
offenses punishable by this subsection.
(f) Redesignated (g)
(g) Violations related to devices
(1)(A) Except as provided in subparagraph (B), any person who
violates a requirement of this chapter which relates to devices shall be
liable to the United States for a civil penalty in an amount not to
exceed $15,000 for each such violation, and not to exceed $1,000,000 for
all such violations adjudicated in a single proceeding. For purposes of
the preceding sentence, a person accredited under paragraph (2) of
section 374(g) of this title who is substantially not in compliance with
the standards of accreditation under such section, or who poses a threat
to public health or fails to act in a manner that is consistent with the
purposes of such section, shall be considered to have violated a
requirement of this chapter that relates to devices.
(B) Subparagraph (A) shall not apply--
(i) to any person who violates the requirements of section
360i(a) or 360j(f) of this title unless such violation constitutes
(I) a significant or knowing departure from such requirements, or
(II) a risk to public health,
(ii) to any person who commits minor violations of section
360i(e) or 360i(f) of this title (only with respect to correction
reports) if such person demonstrates substantial compliance with
such section, or
(iii) to violations of section 351(a)(2)(A) of this title which
involve one or more devices which are not defective.
(2)(A) Any person who introduces into interstate commerce or
delivers for introduction into interstate commerce an article of food
that is adulterated within the meaning of section 342(a)(2)(B) of this
title shall be subject to a civil money penalty of not more than $50,000
in the case of an individual and $250,000 in the case of any other
person for such introduction or delivery, not to exceed $500,000 for all
such violations adjudicated in a single proceeding.
(B) This paragraph shall not apply to any person who grew the
article of food that is adulterated. If the Secretary assesses a civil
penalty against any person under this paragraph, the Secretary may not
use the criminal authorities under this section to sanction such person
for the introduction or delivery for introduction into interstate
commerce of the article of food that is adulterated. If the Secretary
assesses a civil penalty against any person under this paragraph, the
Secretary may not use the seizure authorities of section 334 of this
title or the injunction authorities of section 332 of this title with
respect to the article of food that is adulterated.
(C) In a hearing to assess a civil penalty under this paragraph, the
presiding officer shall have the same authority with regard to
compelling testimony or production of documents as a presiding officer
has under section 346a(g)(2)(B) of this title. The third sentence of
paragraph (3)(A) shall not apply to any investigation under this
paragraph.
(3)(A) A civil penalty under paragraph (1) or (2) shall be assessed
by the Secretary by an order made on the record after opportunity for a
hearing provided in accordance with this subparagraph and section 554 of
title 5. Before issuing such an order, the Secretary shall give written
notice to the person to be assessed a civil penalty under such order of
the Secretary's proposal to issue such order and provide such person an
opportunity for a hearing on the order. In the course of any
investigation, the Secretary may issue subpoenas requiring the
attendance and testimony of witnesses and the production of evidence
that relates to the matter under investigation.
(B) In determining the amount of a civil penalty, the Secretary
shall take into account the nature, circumstances, extent, and gravity
of the violation or violations and, with respect to the violator,
ability to pay, effect on ability to continue to do business, any
history of prior such violations, the degree of culpability, and such
other matters as justice may require.
(C) The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which may be assessed under paragraph (1)
or (2). The amount of such penalty, when finally determined, or the
amount agreed upon in compromise, may be deducted from any sums owing by
the United States to the person charged.
(4) Any person who requested, in accordance with paragraph (3)(A), a
hearing respecting the assessment of a civil penalty and who is
aggrieved by an order assessing a civil penalty may file a petition for
judicial review of such order with the United States Court of Appeals
for the District of Columbia Circuit or for any other circuit in which
such person resides or transacts business. Such a petition may only be
filed within the 60-day period beginning on the date the order making
such assessment was issued.
(5) If any person fails to pay an assessment of a civil penalty--
(A) after the order making the assessment becomes final, and if
such person does not file a petition for judicial review of the
order in accordance with paragraph (4), or
(B) after a court in an action brought under paragraph (4) has
entered a final judgment in favor of the Secretary,
the Attorney General shall recover the amount assessed (plus interest at
currently prevailing rates from the date of the expiration of the 60-day
period referred to in paragraph (4) or the date of such final judgment,
as the case may be) in an action brought in any appropriate district
court of the United States. In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject to review.
(June 25, 1938, ch. 675, Sec. 303, 52 Stat. 1043; Oct. 26, 1951, ch.
578, Sec. 2, 65 Stat. 649; Pub. L. 86-618, title I, Sec. 105(b), July
12, 1960, 74 Stat. 403; Pub. L. 89-74, Secs. 7, 9(d), July 15, 1965, 79
Stat. 233, 235; Pub. L. 90-639, Sec. 3, Oct. 24, 1968, 82 Stat. 1361;
Pub. L. 91-513, title II, Sec. 701(b), Oct. 27, 1970, 84 Stat. 1281;
Pub. L. 94-278, title V, Sec. 502(a)(2)(B), Apr. 22, 1976, 90 Stat. 411;
Pub. L. 100-293, Sec. 7(b), Apr. 22, 1988, 102 Stat. 99; Pub. L. 100-
690, title II, Sec. 2403, Nov. 18, 1988, 102 Stat. 4230; Pub. L. 101-
629, Sec. 17(a), Nov. 28, 1990, 104 Stat. 4526; Pub. L. 101-647, title
XIX, Sec. 1904, Nov. 29, 1990, 104 Stat. 4853; Pub. L. 102-353, Sec. 3,
Aug. 26, 1992, 106 Stat. 941; Pub. L. 103-80, Sec. 3(e), Aug. 13, 1993,
107 Stat. 775; Pub. L. 103-322, title XXXIII, Sec. 330015, Sept. 13,
1994, 108 Stat. 2146; Pub. L. 104-170, title IV, Sec. 407, Aug. 3, 1996,
110 Stat. 1535; Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 745(d)(2)],
Oct. 28, 2000, 114 Stat. 1549, 1549A-40; Pub. L. 107-250, title II,
Sec. 201(c), Oct. 26, 2002, 116 Stat. 1609.)
References in Text
The Controlled Substances Act, referred to in subsec. (e)(3), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended,
which is classified principally to subchapter I (Sec. 801 et seq.) of
chapter 13 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 801 of this title and
Tables.
Amendments
2002--Subsec. (g)(1)(A). Pub. L. 107-250 inserted at end ``For
purposes of the preceding sentence, a person accredited under paragraph
(2) of section 374(g) of this title who is substantially not in
compliance with the standards of accreditation under such section, or
who poses a threat to public health or fails to act in a manner that is
consistent with the purposes of such section, shall be considered to
have violated a requirement of this chapter that relates to devices.''
2000--Subsec. (b)(6). Pub. L. 106-387 added par. (6).
1996--Subsec. (g)(2). Pub. L. 104-170, Sec. 407(1), (2), added par.
(2). Former par. (2) redesignated (3).
Subsec. (g)(3). Pub. L. 104-170, Sec. 407(1), (3), redesignated par.
(2) as (3) and substituted ``paragraph (1) or (2)'' for ``paragraph
(1)'' in subpars. (A) and (C). Former par. (3) redesignated (4).
Subsec. (g)(4). Pub. L. 104-170, Sec. 407(1), (4), redesignated par.
(3) as (4) and substituted ``paragraph (3)(A)'' for ``paragraph
(2)(A)''. Former par. (4) redesignated (5).
Subsec. (g)(5). Pub. L. 104-170, Sec. 407(1), (5), redesignated par.
(4) as (5) and substituted ``paragraph (4)'' for ``paragraph (3)''
wherever appearing.
1994--Subsec. (e). Pub. L. 103-322 amended directory language of
Pub. L. 101-647. See 1990 Amendment note below.
1993--Subsecs. (e) to (g). Pub. L. 103-80, which directed the
amendment of this section by redesignating the second subsec. (e) and
subsec. (f) as subsecs. (f) and (g), respectively, could only be
executed by designating subsec. (f) as (g) because this section did not
contain a second subsec. (e) subsequent to amendment of Pub. L. 101-647
by Pub. L. 103-322. See 1990 and 1994 amendment notes for subsec. (e)
under this section.
1992--Subsec. (b)(1). Pub. L. 102-353, Sec. 3(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows:
``Notwithstanding subsection (a) of this section, any person who
violates section 331(t) of this title because of an importation of a
drug in violation of section 381(d)(1) of this title, because of a sale,
purchase, or trade of a drug or drug sample or the offer to sell,
purchase, or trade a drug or drug sample in violation of section 353(c)
of this title, because of the sale, purchase, or trade of a coupon, the
offer to sell, purchase, or trade such a coupon, or the counterfeiting
of such a coupon in violation of section 353(c)(2) of this title, or the
distribution of drugs in violation of section 353(e)(2)(A) of this title
shall be imprisoned for not more than 10 years or fined not more than
$250,000, or both.''
Subsec. (b)(4)(A). Pub. L. 102-353, Sec. 3(b)(1), substituted ``the
institution of a criminal proceeding against, and conviction of,'' for
``the arrest and conviction of''.
Subsec. (b)(4)(B)(i). Pub. L. 102-353, Sec. 3(b)(1), (2),
substituted ``before the institution of a criminal proceeding against''
for ``before the arrest of'' and ``the institution of a criminal
proceeding against, and conviction of,'' for ``the arrest and conviction
of''.
Subsec. (b)(5). Pub. L. 102-353, Sec. 3(b)(3), substituted ``the
institution of a criminal proceeding against, and conviction of,'' for
``the arrest and conviction of''.
Subsec. (c). Pub. L. 102-353, Sec. 3(b)(4), substituted ``subsection
(a)(1) of this section'' for ``subsection (a) of this section''.
Subsec. (d). Pub. L. 102-353, Sec. 3(b)(4), (5), substituted
``subsection (a)(1) of this section'' for ``subsection (a) of this
section'' and struck out ``, and no person shall be subject to the
penalties of subsection (b) of this section for such a violation unless
the violation is committed with the intent to defraud or mislead'' after
``advertising''.
1990--Subsec. (e). Pub. L. 101-647, as amended by Pub. L. 103-322,
amended subsec. (e) generally. Prior to amendment, subsec. (e) read as
follows:
``(e)(1) Except as provided in paragraph (2), any person who
distributes or possesses with the intent to distribute any anabolic
steroid for any use in humans other than the treatment of disease
pursuant to the order of a physician shall be imprisoned for not more
than three years or fined under title 18, or both.
``(2) Any person who distributes or possesses with the intent to
distribute to an individual under 18 years of age, any anabolic steroid
for any use in humans other than the treatment of disease pursuant to
the order of a physician shall be imprisoned for not more than six years
or fined under title 18, or both.''
Subsec. (f). Pub. L. 101-629 added subsec. (f).
1988--Subsecs. (a), (b). Pub. L. 100-293 designated existing
subsecs. (a) and (b) as pars. (1) and (2) of subsec. (a), substituted
``paragraph (1)'' for ``subsection (a)'' in par. (2), and added subsec.
(b).
Subsec. (e). Pub. L. 100-690 added subsec. (e).
1976--Subsec. (d). Pub. L. 94-278 added subsec. (d).
1970--Subsec. (a). Pub. L. 91-513 struck out reference to subsec.
(b) and transferred to subsec. (b) provisions covering second offenses
and offenses committed with intent to defraud or mislead.
Subsec. (b). Pub. L. 91-513 inserted provisions covering second
offenses and offenses committed with intent to defraud or mislead
formerly set out in subsec. (a) and struck out provisions covering
violations involving depressant and stimulant drugs. See section 801 et
seq. of this title.
1968--Subsecs. (a), (b). Pub. L. 90-639 made a general revision in
the penalties prescribed for offenses involving depressant or stimulant
drugs, set a fine of not to exceed $10,000 or imprisonment of not more
than 5 years for offenses involving the unlawful manufacturing of, sale,
or disposal of, or possession with intent to sell, a depressant or
stimulant drug or involving counterfeit depressant or stimulant drugs,
stiffened the penalties for unlawful sales or other disposals by persons
over 18 to persons under 21, and set new penalties for possession of a
depressant or stimulant drug for purposes other than sale or other
disposal.
1965--Subsec. (a). Pub. L. 89-74, Sec. 7(a), inserted proviso
limiting the penalties for depressant or stimulant drug violations to
two years imprisonment or $5,000 fine or both for first offense and to
two years imprisonment or $15,000 fine or both for subsequent offenses.
Subsec. (b). Pub. L. 89-74, Sec. 7(b), inserted parenthetical
exception provision.
Subsec. (c)(5). Pub. L. 89-74, Sec. 9(d), added cl. (5).
1960--Subsec. (c)(3). Pub. L. 86-618 substituted ``a color
additive'' for ``a coal-tar color'', ``the color additive'' for ``the
coal-tar color'' and ``such color additive was'' for ``such color was''.
1951--Subsec. (c)(4). Act Oct. 26, 1951, added cl. (4).
Effective Date of 1994 Amendment
Section 330015 of Pub. L. 103-322 provided that the amendment made
by that section is effective as of the date on which section 1904 of
Pub. L. 101-647, which amended this section, took effect.
Effective Date of 1990 Amendment
Section 17(b) of Pub. L. 101-629 provided that:
``(b) Effective Date of Application to Device User Facilities.--
``(1) The Secretary of Health and Human Services shall conduct a
study to determine whether there has been substantial compliance
with the requirements of section 519(b) of the Federal Food, Drug,
and Cosmetic Act [21 U.S.C. 360i(b)] by device user facilities (as
defined in section 519(b)(5)(A) of such Act). The Secretary shall
report the results of the study to the Congress after the expiration
of 45 months after the date of the enactment of this Act [Nov. 28,
1990].
``(2)(A) If upon the expiration of 48 months after the date of
the enactment of this Act [Nov. 28, 1990] the Secretary has not made
the report required by paragraph (1), section 303(f) of the Federal
Food, Drug, and Cosmetic Act [21 U.S.C. 333(f)], as added by the
amendment made by subsection (a), shall take effect with respect to
device user facilities (as defined in section 519(b)(5)(A) of such
Act). [Secretary of Health and Human Services had not made the
report required by par. (1) on the expiration of 48 months after
Nov. 28, 1990.]
``(B) If in the report under paragraph (1) the Secretary reports
that there has been substantial compliance with the requirements of
such section 519(b) by a type of device user facility and if the
Secretary does not make a determination under subparagraph (C) with
respect to such type of facility, such section 303(f) shall not take
effect with respect to such type of facility.
``(C) If the Secretary determines in the report under paragraph
(1) that there is not substantial compliance with the requirements
of such section 519(b) by a type of device user facility or if the
Secretary makes such a determination after making the report under
paragraph (1), such section 303(f) shall take effect with respect to
such type of facility upon the effective date of the report.''
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-293 effective upon expiration of 90 days
after Apr. 22, 1988, see section 8(a) of Pub. L. 100-293, set out as a
note under section 353 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-278 effective 180 days after Apr. 22, 1976,
see section 502(c) of Pub. L. 94-278, set out as a note under section
334 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-513 effective on first day of seventh
calendar month that begins after Oct. 26, 1970, see section 704 of Pub.
L. 91-513, set out as an Effective Date note under section 801 of this
title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-639 applicable only with respect to
violations of this chapter committed after Oct. 24, 1968, see section 6
of Pub. L. 90-639, set out as an Effective Date of 1968 Amendments;
Transitional Provisions note under section 321 of this title.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89-74 effective Feb. 1, 1966, see section 11 of
Pub. L. 89-74, set out as a note under section 321 of this title.
Effective Date of 1960 Amendment
Amendment by Pub. L. 86-618 effective July 12, 1960, subject to the
provisions of section 203 of Pub. L. 86-618, see section 202 of Pub. L.
86-618, set out as a note under section 379e of this title.
Effective Date of 1951 Amendment
Section 3 of act Oct. 26, 1951, provided that: ``The provisions of
this Act [amending this section and section 353 of this title] shall
take effect six months after the date of its enactment [Oct. 26,
1951].''
Savings Provision
Amendment by Pub. L. 91-513 not to affect or abate any prosecutions
for violation of law or any civil seizures or forfeitures and injunctive
proceedings commenced prior to the effective date of such amendment, and
all administrative proceedings pending before the Bureau of Narcotics
and Dangerous Drugs [now the Drug Enforcement Administration] on Oct.
27, 1970, to be continued and brought to final determination in accord
with laws and regulations in effect prior to Oct. 27, 1970, see section
702 of Pub. L. 91-513, set out as a note under section 321 of this
title.
Transfer of Functions
For transfer of functions of Federal Security Administrator to
Secretary of Health, Education, and Welfare [now Health and Human
Services], and of Food and Drug Administration in the Department of
Agriculture to Federal Security Agency, see note set out under section
41 of this title.
Enforcement
Pub. L. 99-660, title I, Sec. 103, Nov. 14, 1986, 100 Stat. 3751,
provided that: ``For the fines authorized to be imposed under section
303 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 333], see
section 3623 of title 18, United States Code, for the period ending
October 31, 1986 [probably should be October 31, 1987], and sections
3559 and 3571 of such title for the period beginning November 1, 1986
[probably should be November 1, 1987].''
Section Referred to in Other Sections
This section is referred to in sections 331, 360j, 859 of this
title; title 15 section 1456.
