---
kind: "section"
citation: "21 U.S.C. § 335"
title: "21"
title_heading: "Food and Drugs"
number: "335"
heading: "Hearing before report of criminal violation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/335"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter III — Prohibited Acts and Penalties"
---

# §335. Hearing before report of criminal violation


Before any violation of this chapter is reported by the [Secretary](/usc/21/321.md?p=d) to any United States attorney for institution of a criminal proceeding, the [person](/usc/21/321.md?p=e) against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding.


## Source credit

(June 25, 1938, ch. 675, § 305, 52 Stat. 1045.)

## Notes

### Executive Documents

### Transfer of Functions

For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title.