(a) Any person who violates any provision of this chapter for which no other criminal penalty is provided shall upon conviction thereof be subject to the payment of a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one (1) year, or both penalties 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 § 771a(k)(8) of this title), such person upon conviction shall be subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment for a term of not more than three (3) years, or both penalties in the discretion of the court; Provided, That no person shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this chapter if such receipt was made in good faith, unless such person refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such article or animal, and copies of all documents, if any, pertaining to the delivery of the article or animal to him.
(b) Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution any person or seizure and condemnation procedure, those violations of minor importance, whenever he believes that the public interest will be adequately served by a suitable written notice or warning.
History —June 28, 1969, No. 120, p. 334, § 406.