Pub. L. 90-201, tit. IV, sec. 406 (as amended)

Sec. 406. [21 U.S.C. 676] (a) Any person, firm, or corporation who violates any provision of this Act for which no other criminal penalty is provided by this Act shall upon conviction be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both such imprisonment and fine; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 1(m)(8) of this Act), such person, firm, or corporation shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both: Provided, That no person, firm, or corporation shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this Act if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him. (b) Nothing in this Act shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction preceedings, minor violations of this Act whenever he believes that the public interest will be adequately served by a suitable written notice of warning. In determining whether the public interest could be adequately served by a written notice of warning, the Secretary shall take into account, among other factors— (1) the compliance history of such establishment; (2) the magnitude of the violation; (3) whether compliance with this Act would likely be obtained as a result of such notice; and (4) whether such violation is of a minor or technical nature. (c) Unless the Secretary by regulation provides otherwise, before any violation of this Act is reported by the Secretary for prosecution in a criminal proceeding, the Secretary shall give the person alleged to have committed such violation— (1) reasonable notice that the Secretary intends to report such violation for prosecution; and (2) an opportunity to present to the Secretary, orally or in writing, views with respect to such proceeding.