219 



§332. Injunction proceedings. 



(a) Jurisdiction of courts. 



The district courts of the United States and the 

 United States courts of the Territories shall have 

 Jurisdiction, for cause shown, and subject to the 

 provisions of section 381 (relating to notice to oppo- 

 site party) of Title 28, to restrain violations of sec- 

 tion 331 of this title, except paragraphs (h) — (j) of 

 said section. 



(b) Violation of injunction. 



In case of violation of an Injunction or restrain- 

 ing order Issued under this section, which also con- 

 stitutes a violation of this chapter, trial shall be 

 by the court, or. upon demand of the accused, by a 

 jury. Such trial shall be conducted in accordance 

 with the practice and procedure applicable in the 

 case of proceedings subject to the provisions of sec- 

 tion 387 of Title 28. (June 25, 1938, ch. 675, § 302. 

 52 Stat. 1043; Oct. 10, 1962, Pub. L. 87-781, title I, 

 § 103(d), title II, § 201(c), 76 Stat. 784, 793.) 

 Amendments 



1962 — Subsec. (a). Pub. L. 87-781 eliminated refer- 

 ences to subsecs. (e) and (f) of section 331 of this title 



§333. Penalties. 



(a) Violation of section 331 of this title. 



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. 



(b) Second offenses; intent to defraud or mislead. 



Notwithstanding the provisions of subsection (a) 

 of this section, if any person commits such a viola- 

 tion 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. 



(c) Exceptions in certain cases of good faith, etc. 

 No person shall be subject to the penalties of sub- 

 section (a) 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 mis- 

 branded, within the meaning of this chapter desig- 

 nating 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 1 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 pro- 

 mulgated 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 pro- 

 mulgated 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 di- 

 rections 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(1) (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(1) (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) No person shall be subject to the penalties 

 of subsection (a) of this section for a violation 

 of section 331 involving misbranded food if the 

 violation exists solely because the food is mis- 

 branded under section 343 because of Its advertis- 

 ing, 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. (June 25, 1938, ch. 675, § 303, 52 

 Stat. 1043; 1940 Reorg. Plan No. IV, § 12. eff. June 

 30, 1940, 5 F.R. 2422. 54 Stat. 1237; Oct. 26, 1951, 

 ch. 578, § 2, 65 Stat. 649; 1953 Reorg, Plan No. 1, 

 §5, eff. AprU U, 1953, 18 F.R. 2053, 67 Stat. 631; 

 July 12, 196Q. Pub. L. 86-618. title I, § 105(b), 74 

 Stat. 403; July 15, 1965. Pub. L. 89-74, §§ 7, 9(d), 

 79 Stat. 233, 235; Oct. 24, 1968, Pub. L. 90-639, § 3. 

 82 Stat. 1361; Oct. 27, 1970, Pub. L. 91-513, title 

 11, § 701(b), 84 Stat. 1281; Pub. L. 94-278. title 

 V, § 502(a) (2) (B) , Apr. 22. 1976, 90 Stat. 411.) 

 Amendments 



1976— Subsec. (d). Pub. L. 94-278 added subsec. (d). 



1970 — Subsec. (a) Pub L 91-513 struck out reference 

 to subsec (b) of this section and transferred to subsec. 

 (b) provisions covering second offenses and offenses com- 

 mitted with Intent to defraud or mislead. 



Subsec (b). Pub L 91-513 Inserted provisions cover- 

 ing second offenses and offenses committed with Intent 

 to defraud or mislead formerly set out In subsec. (a) and 

 struck out provisions covering violations Involving de- 

 pressant and stimulant drugs. See. now, 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 of- 

 fenses 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 lor possession of a depressant or 

 stimulant drug for purposes other than sale or other 

 disposal. 



