21 U.S.C. § 611

Devices, marks, labels, and certificates; simulations

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(a) Devices to be made under authorization of Secretary

No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.

(b) Other misconductNo person, firm, or corporation shall—(1) forge any official device, mark, or certificate;(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;(4) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;(5) knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or(6) knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted.(Mar. 4, 1907, ch. 2907, title I, § 11, formerly 9th par., 34 Stat. 1263; renumbered § 11 and amended Pub. L. 90–201, §§ 1, 8, Dec. 15, 1967, 81 Stat. 584, 589.)Editorial NotesCodification

Section was formerly classified to section 79 of this title.

Amendments

1967—Pub. L. 90–201, § 8, clarified application to brand manufacturers and printers of existing prohibition against counterfeiting official marks, labels or certificates, the provisions with respect to forgery, unauthorized use or failure to use official marks, or similar items, and similar offenses, and existing prohibitions with respect to false statements in official or nonofficial certificates, and added restriction upon possession of official devices, or devices, labels, meat, or other articles bearing counterfeit official marks, counterfeit official certificates, or similar items, and prohibition against false representations.

Statutory Notes and Related SubsidiariesEffective Date of 1967 Amendment

Amendment by Pub. L. 90–201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90–201, set out as an Effective Date note under section 601 of this title.

Notes of Decisions

Cited in 5 cases, 2006–2020 · leading case: United States Ex Rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F.3d 1224 (10th Cir. 2017).

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United States Ex Rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F.3d 1224 (10th Cir. 2017). “This investigation led PMI to plead guilty to violating 21 U.S.C. § 611 (b)(5), for knowingly making a false statement in a certificate required under USDA regulations.”

United States Ex Rel. Bahrani v. Conagra, Inc., 465 F.3d 1189 (10th Cir. 2006). “Although an exporter’s making such minor changes to a certificate might subject it to potential fines and penalties for altering a government certificate, see *1200 21 U.S.C. §§ 611 , 676; 7 U.S.C. § 1622 (h), these potential fines and penalties are not § 3729(a)(7) obligations.”

United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 188 F. Supp. 3d 1231 (D. Utah 2016). “) As a result of the FBI’s investigation, Defendants pled guilty to one count of violating 21 U.S.C. § 611 (b)(5), a misdemeanor. (Id.”

United States v. William Aossey, Jr., 854 F.3d 453 (8th Cir. 2017). “The indictment also charged them with making false statements on export certificates, in violation of 21 U.S.C. § 611 (b)(5), wire fraud, in violation of 18 U.”

USA ex rel Brandon Barrick v. Parker-Migliorini Int'l (D. Utah 2020). “) As a result of the FBI’s investigation, on March 28, 2014, PMI pleaded guilty to providing false information, a misdemeanor, pursuant to 21 U.S.C. § 611 (b)(5). (Second Amended Complaint, Dkt.”

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