Proceedings in name of United States; provision as to subpoenas
United States Code
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★Landmark AuthorityTop 1% most-cited · cited by 491 decisions
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Most recently cited by10
- 2026Col. Alan Spencer, in his official capacity as Chairman of the Alabama Alcoholic Beverage Control Board; Melissa Morrissette, in her official capacity as a member of the Alabama Alcoholic Beverage Control Board; John Knight, in his official capacity as a member of the Alabama Alcoholic Beverage Control Board; Hal Taylor, in his official capacity as Secretary of the Alabama Law Enforcement Agency; Chris Inabinett, in his official capacity as Director of the State Bureau of Investigation; and Mary Martin Mitchell, in her official capacity as Commissioner of the Alabama Department of Revenue v. Vapor Technology Association and Southside Vape, LLC
- 2026Vapor Technology Association and Southside Vape, LLC v. Col. Alan Spencer, in his official capacity as Chairman of the Alabama Alcoholic Beverage Control Board; Melissa Morrissette, in her official capacity as a member of the Alabama Alcoholic Beverage Control Board; John Knight, in his official capacity as a member of the Alabama Alcoholic Beverage Control Board; Hal Taylor, in his official capacity as Secretary of the Alabama Law Enforcement Agency; Chris Inabinett, in his official capacity as Director of the State Bureau of Investigation; and Mary Martin Mitchell, in her official capacity as Commissioner of the Alabama Department of Revenue
- 2026Estate of Lane Caviness v. Atlas Air, Inc. 11th Cir.
- 2026Wisconsinites for Alternatives to Smoking v. David Casey 7th Cir.
- 2026Upside Foods Inc v. Commissioner, Florida Department of Agriculture an 11th Cir.
- 2026In re Target Corporation BPO Sales and Marketing Litigation D. Minnesota
- 2026Luckey E.D. Ky.
- 2026Vapor Technology v. Graham 5th Cir.
- 2026Yusnukis D.N.M.
- 2026Solo S.D.W. Va
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
Except as provided in subsection (b), all such proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the United States. Subpoenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any proceeding under this section. A State may bring in its own name and within its jurisdiction proceedings for the civil enforcement, or to restrain violations, of section 341, 343(b), 343(c), 343(d), 343(e), 343(f), 343(g), 343(h), 343(i), 343(k), 343(q), or 343(r) of this title if the food that is the subject of the proceedings is located in the State. before 30 days after the State has given notice to the Secretary that the State intends to bring such proceeding, before 90 days after the State has given notice to the Secretary of such intent if the Secretary has, within such 30 days, commenced an informal or formal enforcement action pertaining to the food which would be the subject of such proceeding, or if the Secretary is diligently prosecuting a proceeding in court pertaining to such food, has settled such proceeding, or has settled the informal or formal enforcement action pertaining to such food. No proceeding may be commenced by a State under paragraph (1)— (Source: (June 25, 1938, ch. 675, § 310, formerly § 307, 52 Stat. 1046; Sept. 3, 1954, ch. 1263, § 37, 68 Stat. 1239; Pub. L. 101–535, § 4, Nov. 8, 1990, 104 Stat. 2362; renumbered § 310, Pub. L. 102–282, § 2, May 13, 1992, 106 Stat. 150.))