222 



a device during the period of its detention for the 

 purpose of identifying the device as detained. Any 

 person who would be entitled to claim a device if 

 it were seized under subsection (a) may appeal to 

 the Secretary a detention of such device under this 

 paragraph. Within five days of the date an appeal 

 of a detention is filed with the Secretary, the Sec- 

 retary shall after affording opportimtiy for an 

 informal hearing by order confirm the detention 

 or revoke it. 



(2) (A) Except as authorized for subparagraph 

 (B) , a device subject to a detention order issued 

 under paragraph (1) shall not be moved by any 

 person from the place at which it is ordered 

 detained until — 



(i) released by the Secretary, or 



(ii) the expiration of the detention period 



applicable to such order, 

 whichever occurs first. 



(B) A device subject to a detention order under 

 paragraph ( 1 ) may be moved — 



(i) in accordance with regulations prescribed 



by the Secretary, and 



(ii) if not in final form for shipment, at the 



discretion of the manufacturer of the device for 



the purpose of completing the work required to 



put it in such form. 

 (June 25. 1938. ch. 675, §304, 52 Stat. 1044; 1940 

 Reorg. Plan No. IV, § 12. eff. June 30, 1940, 5 P. R. 

 2422. 54 Stat. 1237; June 24. 1948. ch. 613. §2, 62 

 Stat. 582: 1953 Reorg. Plan No. 1. § 5. eff. Apr. 11, 

 1953, 18 F R. 2053, 67 Stat. 631 ; Aug. 7, 1953, ch. 350, 

 §3, 67 Stat. 477: Aug. 31, 1957, Pub. L. 85-250, 71 

 Stat. 567; July 15, 1965, Pub. L. 89-74, § 6, 79 Stat. 

 232: Oct. 24, 1968. Pub. L. 90-639, §4'b), 82 Stat. 

 1362; Oct. 27, 1970, Pub. L. 91-513, title II, § 701 (c), 

 (d), 84 Stat. 1281, 1282; Pub. L. 94-278, title V, 

 § 502(a) (2) (C) . Apr. 22. 1978, 90 Stat. 411; Pub. L. 

 94-295, SS 3(c), 7, May 28, 1976, 90 Stat. 576.) 

 Amendments 



197S— Subsec. (a)(3)(D). Pub, L. 04-396 added 

 clouse (D). 

 Subsec. (a)(3). Pub. L. 94-378 added paragraph (3). 

 Subsec. (g). Pub. L. 94-305 added subsec. (g). 



1970— Subsec (a)(2). Pub. L, 91-513. 5 701(c). struck 

 out els. (A) and (D) which dealt with depressant or 

 stimulant drugs, struck out reference to depressant or 

 stimulant drugs In cl (C). and redesignated els. (B). (C). 

 and IE) as els. (A), (B), and (C), respectively. 



Subsec. (d)(3) (111). Pub. L. 91-513, 5 701(d), struck 

 out reference to depressant or stimulant drugs. 



1968— Subsec. (a) Pub. L 90-639 Inserted references to 

 the United States courts of Territories. 



1965— Subsec (a) Pub. L. 89-74. 5 6(a). designated 

 existing provisions as par. (1), redesignated clauses (1) 

 and (2) of the proviso thereto as (A) and (B) and added 

 par. (2). 



Subsec. (b). Pub. L. 89-74. 5 6(b)(1), Inserted In the 

 first sentence "equipment, or other thing proceeded 

 against" following "article". 



Subsec. (d). Pub. L 89-74. 5 S(b) (2), designated exist- 

 ing provisions as par. (1) redesignated clauses (1) and 

 (2) of the second sentence thereof as (A) and (B), and 

 added pars. (2) and (3). 



1957 — Subsec (d). Pub. L. 85-250 permitted, under 

 certain circumstances, reexportation of articles con- 

 demned at places other than original port of entry. 



1953 — Subsec. (c). Act Aug. 7, 1953. provided that a 



true copy of the analysis In any case shall be furnished 

 the owner. 



1948 — Subsec. (a) Act June 24. 1948, Inserted "or while 

 held for sale (whether or not the first sale) after shipment 

 in Interstate commerce" to make this subsection coexten- 

 sive with section 331 (k) of this title. 



§ 335. Hearing before report of criminal violation. 



Before any violation of this chapter is reported by 

 the Secretary to any United States attorney for 

 institution of a criminal proceeding, the person 

 against whom such proceeding is contemplated shall 

 be given appropriate notice and an opportunity to 

 present his views, either orally or in writmg. with 

 regard to such contemplated proceeding iJune 25. 

 1938, ch. 675. § 305, 52 Stat 1045: 1940 Reorg. Plan 

 No. IV. § 12. eff. June 30. 1940. 5 F. R. 2422. 54 Stat 

 1237; 1953 R«org. Plan No. 1, § 5. eff. Apr. 11, 1953, 

 18 F. R. 2053, 67 Stat. 631.) 



§336. Report of minor violatlon.s. 



Nothing in this chapter shall be construed as re- 

 quiring the Secretary to report for prosecution, or 

 for the institution of libel or injunction proceed- 

 ings, minor violations of this chapter whenever he be- 

 lieves that the public interest will be adequatel.v 

 served by a suitable written notice or warning. (June 

 25. 1938. ch 675. §306. 52 Stat. 1045; 1940 Reorg. 

 Plan No. IV, § 12. eff. June 30. 1940. 5 F. R. 2422 54 

 Stat. 1237; 1953 Reorg. Plan No. 1, § 5. eff. Apr. 11. 

 1953. 18 P. R 2053. 67 Stat. 631. J 



§337. Proceedings in name of United States; provi- 

 sion as to subpoenas. 



All such proceedings for the enforcement, or to re- 

 strain violations, of this chapter shall be by and in 

 the name of the United States. Subpoenas for wit- 

 nesses who are reQuired to attend a court of the 

 United States, in any district, may run into any other 

 district in any such proceeding. (June 25. 1938, ch. 

 675. 5 307, 52 Stat. 1046; Sept. 3. 1954. ch. 1263. § 37, 

 68 Stat. 1239 I 



Amendments 



1954 — Act Sept 3. 1954. eliminated reference to former 

 section 654 of Title 28 which has been repealed. 



SUBCHAPTER IV.— FOOD 



§3)1 Definitions and standards for food. 



Whenever in the judgment of the Secretary such 

 action will promote honesty and fair dealing in 

 the interest of consumers, he shall promulgate 

 regulations fixing and establishing for any food, un- 

 der its common or usual name so far as practicable, 

 a reasonable definition and standard of identity, a 

 reasonable standard of quality, and/or reasonable 

 standards of fill of container: Provided. That no 

 definition and standard of identity and no standard 

 of quality shall be established for fresh or dried 

 fruits, fresh or dried vegetables, or butter, except 

 that definitions and standards of identity may be 

 established for avocadoes. cantaloupes, citrus fruits, 

 and melons. In prescribing any standard of fill of 

 container, the Secretary shall give due consideration 

 to the natural shrinkage in storage and in transit of 

 fresh natural food and to need for the necessary 

 packing and protective material. In the prescrib- 



