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1447

Tampering with Consumer Products—Investigative Jurisdiction

The Federal Bureau of Investigation has investigative responsibility for violations of 18 U.S.C. § 1365. The Food and Drug Administration (FDA) and the Department of Agriculture also have investigative responsibilities for various aspects of this offense. The Department of Agriculture's responsibility is in the area of meat, poultry, and eggs. The FDA's responsibility covers other food items, drugs, devices, and cosmetics. Investigative understandings between the FBI, FDA, and Agriculture have been developed. The FBI's primary focus will be on those matters involving life endangering tampering, threatened tampering, tampering accompanied by an extortion demand, and a tainting intended to cause, and a false claim resulting in, serious injury to a product's reputation.

[cited in USAM 9-63.1100]