§ 337. — Proceedings in name of United States; provision as to subpoenas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC337]
TITLE 21--FOOD AND DRUGS
CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER III--PROHIBITED ACTS AND PENALTIES
Sec. 337. Proceedings in name of United States; provision as to
subpoenas
(a) Except as provided in subsection (b) of this section, 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, Sec. 310, formerly Sec. 307, 52 Stat. 1046;
Sept. 3, 1954, ch. 1263, Sec. 37, 68 Stat. 1239; Pub. L. 101-535,
Sec. 4, Nov. 8, 1990, 104 Stat. 2362; renumbered Sec. 310, Pub. L. 102-
282, Sec. 2, May 13, 1992, 106 Stat. 150.)
Amendments
1990--Pub. L. 101-535 substituted ``(a) Except as provided in
subsection (b) of this section, all'' for ``All'' and ``any proceeding
under this section'' for ``any such proceeding'' and added subsec. (b).
1954--Act Sept. 3, 1954, struck out reference to section 654 of
title 28.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-535 effective 24 months after Nov. 8, 1990,
except that such amendment effective Dec. 31, 1993, with respect to
dietary supplements of vitamins, minerals, herbs, or other similar
nutritional substances, see section 10(a)(1)(C) of Pub. L. 101-535, set
out as a note under section 343 of this title.
Construction of Amendments by Pub. L. 101-535
Amendments by Pub. L. 101-535 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 (21 U.S.C. 301 et seq.),
the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), and the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.), see section 9 of Pub. L. 101-
535, set out as a note under section 343 of this title.
