Deleted departure provisions of §2N2.1. Violations of Statutes and Regulations Dealing With Any Food, Drug, Biological Product, Device, Cosmetic, Agricultural Product, or Consumer Product

Former §2N2.1, comment. (n.1) (Downward departure based on offense where only negligence was involved): This guideline assumes a regulatory offense that involved knowing or reckless conduct. Where only negligence was involved, a downward departure may be warranted. See Chapter Five, Part K (Departures). Former §2N2.1, comment. (n.3) (Upward departure provisions relating to certain circumstances): The following are circumstances in which an upward departure may be warranted: (A) The offense created a substantial risk of bodily injury or death; or bodily injury, death, extreme psychological injury, property damage, or monetary loss resulted from the offense. See Chapter Five, Part K (Departures). (B) The defendant was convicted under 7 U.S.C. § 7734. PART P ― OFFENSES INVOLVING PRISONS AND CORRECTIONAL FACILITIES