Food, Drugs, and Agricultural Products - Offenses Involving Food, Drugs, Agricultural Products, and Odometer Laws
November 1, 2005 | GUIDELINES MANUAL | §2N2.1 |
1. If death or bodily injury, extreme psychological injury, or substantial property damage or monetary loss resulted, an upward departure may be warranted. See Chapter Five, Part K (Departures).
Historical Note:: Effective November 1, 1987.
* * * * *
2. FOOD, DRUGS, AND AGRICULTURAL PRODUCTS
§2N2.1. Violations of Statutes and Regulations Dealing With Any Food, Drug, Biological Product, Device, Cosmetic, or Agricultural Product
(a) Base Offense Level: 6
(b) Cross References
(1) If the offense involved fraud, apply §2B1.1 (Theft, Property Destruction, and Fraud).
(2) If the offense was committed in furtherance of, or to conceal, an offense covered by another offense guideline, apply that other offense guideline if the resulting offense level is greater than that determined above.
Commentary
Statutory Provisions: 7 U.S.C. §§ 150bb, 150gg, 6810, 7734, 8313; 21 U.S.C. §§ 115, 117, 122, 134-134e, 151-158, 331, 333(a)(1), (a)(2), (b), 458-461, 463, 466, 610, 611, 614, 617, 619, 620, 642-644, 676; 42 U.S.C. § 262. For additional statutory provision(s), see Appendix A (Statutory Index).
Application Notes:
1. This guideline assumes a regulatory offense that involved knowing or reckless conduct. Where only negligence was involved, a downward departure may be warranted. See Chapter Five, Part K (Departures).
2. The cross reference at subsection (b)(1) addresses cases in which the offense involved fraud. The cross reference at subsection (b)(2) addresses cases in which the offense was committed in furtherance of, or to conceal, an offense covered by another offense guideline (e.g., bribery).
3. If death or bodily injury, extreme psychological injury, property damage or monetary loss resulted, an upward departure may be warranted. See Chapter Five, Part K (Departures).
4. The Commission has not promulgated a guideline for violations of 21 U.S.C. § 333(e) (offenses involving human growth hormones). Offenses involving anabolic steroids are covered by Chapter Two, Part D (Offenses Involving Drugs). In the case of an offense involving a
– 271 –
Criminal Law Center Contents
-
Criminal Law Center
- Aggravating and Mitigating Factors in Criminal Sentencing Law
- Bail, Bonds, and Relevant Legal Concerns
- Restitution for Victims in Criminal Law
- Plea Bargains in Criminal Law Cases
- Receiving Immunity for Testimony in a Criminal Law Case
- Legal Classification of Criminal Offenses
- Common Criminal Defenses
- Criminal Procedure Law
- Types of Criminal Offenses
- Alcohol Crimes Under the Law
- Parole and Probation Law
- Expungement and Sealing of Criminal Records
- Offenses Included in Other Crimes Under the Law
- The Mental State Requirement in Criminal Law Cases
- Derivative Responsibility in Criminal Law Cases
- Working with a Criminal Lawyer
- Criminal Law FAQs
- Domestic Violence Restraining Orders Laws and Forms: 50-State Survey
- Abortion Laws: 50-State Survey
- Gun Laws: 50-State Survey
- Hate Crime Laws: 50-State Survey
- Death Penalty Laws: 50-State Survey
- Recording Phone Calls and Conversations Under the Law: 50-State Survey
- Criminal Law Topics
- Find a Criminal Law Lawyer
-
Related Areas