(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 misconduct

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Terms Used In 21 USC 611

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • firm: means any partnership, association, or other unincorporated business organization. See 21 USC 601
  • label: means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article. See 21 USC 601
  • official certificate: means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this chapter. See 21 USC 601
  • official device: means any device prescribed or authorized by the Secretary for use in applying any official mark. See 21 USC 601
  • official mark: means the official inspection legend or any other symbol prescribed by regulations of the Secretary to identify the status of any article or animal under this chapter. See 21 USC 601
  • Secretary: means the Secretary of Agriculture of the United States or his delegate. See 21 USC 601

No 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.