[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR335.40]



[Page 365-366]

 

                  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



[[Page 366]]



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]