[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR335.40]

[Page 356]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 335--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE FEDERAL MEAT INSPECTION ACT--Table of Contents
 
                     Subpart A--Criminal Violations
 
Sec. 335.40  Opportunity for presentation of views before report of criminal violations.

    Authority: Sec. 406, Pub. L. 99-641, 100 Stat. 3571; 21 U.S.C. 606 
note.

[42 FR 10960, Feb. 25, 1977. Redesignated at 64 FR 66545, Nov. 29, 1999]


    (a) Except as provided in paragraphs (a)(1) through (5) of this 
section, before any violation of the Federal Meat Inspection Act is 
reported to the Department of Justice by the Secretary for criminal 
prosecution the Secretary must give reasonable notice to the suspected 
violator that the Secretary intends to report the violation for 
prosecution and give the suspected violator an opportunity to present 
the violator's views to the Secretary with respect to such proceeding.
    (1) Notice and opportunity need not be provided if the Secretary has 
any reason to believe that providing such notice and opportunity could 
result in the alteration or destruction of evidence, or where disclosure 
could result in injury to persons or property.
    (2) Notice and opportunity need not be provided if the Secretary has 
any reason to believe that providing such notice and opportunity could 
result in flight of a suspected violator to avoid prosecution.
    (3) Notice and opportunity need not be provided if the Secretary has 
any reason to believe that providing such notice and opportunity could 
result in compromising special investigative techniques, such as 
undercover or other covert operations.
    (4) Notice and opportunity need not be provided when the impending 
criminal referral involves suspicion of bribery and related offenses, or 
clandestine slaughtering and/or processing operations.
    (5) Notice and opportunity need not be provided when the impending 
referral is part of an investigation involving non-Act violations, and 
the Act and non-Act violations are jointly referred for prosecution.
    (b) A notice of opportunity to present views will be sent by 
registered or certified mail, summarize the violations that constitute 
the basis of the contemplated prosecution, and describe the procedures 
for presentation of views. Any information given by a respondent, orally 
or in writing, shall become part of the Department's official record 
concerning the matter. The Department is under no obligation to disclose 
evidence to the suspected violator.

[52 FR 13828, Apr. 27, 1987]