46 1 thereunder, the Secretary shall, in accordance with regula 2 tions prescribed by him, afford appropriate notice and oppor 3 tunity for hearing to interested persons (1) for hearing upon 4 5 the question of such violation; and (2) for hearing to review his tentative decision to make such report, upon cause shown 6 satisfactory to the Secretary. The report shall be accom7 panied by findings of the appropriate officers and employees, 8 duly authenticated under their oaths. Nothing in this Act 9 shall be construed as requiring the Secretary to report for 10 prosecution or for the institution of libel or injunction pro11 ceedings minor violations of this Act whenever he believes that the purposes of the Act can best be accomplished by a suitable written notice or warning. 12 13 15 16 18 19 SEC. 711. (a) Any article of food, drug, or cosmetic in interstate commerce that is adulterated or misbranded 17 when introduced into or while in interstate commerce, or that has been manufactured, processed, or packed in a factory or establishment, the operator of which did not, at the time of 20 manufacture, processing, or packing, hold an unsuspended valid permit, if so required by regulations under section 305, shall be liable to be proceeded against while in interstate 23 commerce or at any time thereafter on libel of information 24 and condemned in any district court of the United States within the jurisdiction of which the article is found. The 21 22 25 1 2 47 article shall be liable to seizure (1) by process pursuant to the libel, or (2) if a chief of station or other officer of the 3 Food and Drug Administration, duly designated by the 4 Secretary, has probable cause to believe that the article 5 is so adulterated as to be imminently dangerous to health, 6 then, and in such ease only, by order of such officer, issued 7 under his oath of office, particularly describing the article to be seized, the place where located, and the officer or 9 employee to make the seizure. In ease of seizure pursuant to any such order, the jurisdiction of the court shall attach upon such seizure. Any article seized pursuant to any 8 10 11 12 13 14 15 18 such order shall thereupon be promptly placed in the custody of the court and a libel of information shall be promptly filed for condemnation thereof; and if the court before which the condemnation proceedings are had shall find that there was 16 probable cause for such seizure, it shall issue a certificate of 17 probable cause. The article shall be liable to seizure by process pursuant to the libel; but if a chief of station or other 19 employee of the Administration, duly designated by the Sec20 retary, has probable cause to believe from facts found by him and duly reported to the Secretary that such article is so adulterated as to be imminently dangerous to health, then, 21 22 23 and in such case only, the article shall be liable to seizure 24 by such chief of station or employee, who shall promptly report 25 the facts to the proper United States attorney. Such 48 1 United States attorney shall file a libel of information for 2 3 condemnation of the article so seized. If the court in which the libel was filed shall find that there was probable cause 4 for such seizure, it shall issue a certificate of probable cause. 5 6 7 8 9 (b) If, in any proceeding against any chief of station or other officer or employee by reason of a seizure pursuant to paragraph (a), subdivision (2) of this section, the court shall find that there was probable cause for the seizure, or if a certificate of probable cause has been issued in the 10 condemnation proceedings, then, in the event of a judgment 11 against such officer or employee, the amount thereof shall. upon final judgment, be paid out of appropriations made for the administration of this Act. 12 13 14 15 (c) The court shall, by order at any at any time after seizure up to a reasonable time before trial, shall by order 16 allow any party to a condemnation proceeding, his attorney or agent, to obtain a representative sample of the article 18 seized. 17 19 (d) Any food, drug, or cosmetic condemned under 20 this section shall, after entry of the decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this section, direct and the proceeds thereof, 21 22 23 if sold, less the legal costs and charges, shall be paid into 24 the Treasury of the United States; but such article shall not be sold under such decree contrary to the provisions of this 25 49 1 Act or the laws of the jurisdiction in which sold: Provided, 2 3 4 5 6 8 That after entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such article shall not be sold or disposed of contrary to the provisions of this Act or the laws of any State or Territory in which sold, the court 7 may by order direct that such article be delivered to the 9 10 11 12 13 the expenses of such supervision shall be paid by the party 16 17 (e) The proceedings procedure in cases under this sec- 18 tion shall conform, as nearly as may be, to the proceedings 20 21 22 23 ation or misbranding under the provisions of this Act, raised S. 5 4 1 50 such seizures is pending, is hereby vested with jurisdiction to 2 consolidate and try such cases separately; and on application 3 of the claimant, seasonably made, such cases may be tried in 4 the jurisdiction of his choice. Separate verdiets shall be 5 rendered in each ease and judgments entered on such verdiets 6 7 in conformity with the provisions of this section, or in the United States District Court in the district where his prin8 cipal place of business is located. 9 10 11 (f) When a decree of condemnation is entered against the article, court costs and fees, and storage and other proper expenses, shall be awarded against the person, if any, 12 intervening as claimant of the article. 13 14 (g) To avoid multiplicity of libel for condemna tion proceedings without impairing the protection of the 15 publie or the opportunity for the prompt trial on the merits of alleged violations, the district courts of the United States are hereby vested with jurisdiction to restrain by injunction, 16 17 18 as hereinafter provided, the institution of more than three 19 seizure actions under this section against any article if 20 (1) the alleged violation is one of misbranding only, (2) 21 all current shipments of the article alleged to be misbranded 22 bear the same labeling, (3) such alleged misbranding does 23 not involve danger to health or gross deception, and (4) 24 such misbranding has not been the basis of a prior judgment 25 in favor of the United States in any criminal prosecutions or |