(a) Any person violating any provision of this chapter for which no other penalty has been provided, as well as any provision of the regulations promulgated by virtue thereof, upon conviction, shall be fined not more than five hundred dollars ($500) or imprisonment for not more than six (6) months, or both, in the discretion of the court; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, except as defined in § 742(l)(8) of this title, such person shall be fined by not more than ten thousand dollars ($10,000) or imprisoned for not more than three years, or both, at the discretion of the court. Provided, That no person shall be subject to any penalty under this section for receiving for transportation an article or poultry in violation of this chapter, if the receipt thereof is made in good faith, unless said person refuses to furnish on request of the representative of the Secretary, the name and address of the person from whom he received said article or poultry, and copies of all the documents, if there be any, concerning the delivery of said article or poultry.
(b) Any person who forcibly assaults, resists, opposes, impedes, intimidates or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be guilty of a felony and, upon conviction, shall be fined not more than five thousand dollars ($5,000) or imprisoned for not more than three years, or both, in the discretion of the court. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be guilty of a felony and fined not more than ten thousand dollars ($10,000) or imprisoned for not more than ten (10) years, or both, at the discretion of the court.
(c) It shall be the duty of the prosecuting attorneys to proceed without delay to the prosecution of violators of this chapter. Before filing any complaint, the Secretary shall notify the person against whom it is intended to file said proceeding and shall give him the opportunity to present, orally or in writing, personally or by attorney, his allegations as to the prosecution. Nothing contained herein is intended to require the Secretary to file any complaint for minor violations, provided it is considered that the public interest is adequately served by the appropriate written warning or notice.
History —July 7, 1971, No. 10, p. 601, § 10.