176 



operator, or agent in charge. (Pub. L. 86-613, § 11, 

 July 12. 1960, 74 Stat, 378.) 



§1271. Records of interstate shipment. 



For the purpose of enforcing the provisions of this 

 chapter, carriers engaged In Interstate commerce, 

 and persons receiving hazardous substances In in- 

 terstate commerce or holding such hazardous sub- 

 stances so received shall, upon the request of an 

 officer or employee duly designated by the Secretary, 

 permit such officer or employee, at reasonable times, 

 to have access to and to copy all records showing 

 the movement in interstate commerce of any such 

 hazardous substance, or the holding thereof during 

 or after such movement, and the quantity, shipper, 

 and consignee thereof; and it shall be unlawful for 

 any such carrier or person to fail to permit such 

 access to and copying of any record so requested 

 when such request is accompanied by a statement 

 In writing specifying the nature or kind of such 

 hazardous substance to which such request relates: 

 Prcnnded, That evidence obtained under this section, 

 or any evidence which i« directly or Indirectly derived 

 from such evidence, shall not be used in a criminal 

 prosecution of the person from whom obtained: 

 Provided further, That carriers shall not be subject 

 to the other provisions of this chapter by reason of 

 their receipt,, carriage, holding, or delivery of hazard- 

 ous substances in the usual course of business as car- 

 riers. (Pub. L. 86-613, § 12, July 12, 1960, 74 SUt. 379; 

 Pub. L. 91-452, title 11, § 219, Oct. 15, 1970, 84 Stat. 



929.) 



Amendments 

 1970 — ^Pub. L. 91-452 added ", or any evidence whloh 

 Is directly or Indirectly derived from such evidence," fol- 

 lowing "under this section". 



Section Referred to in Other Sections 

 This section Is referred to In section 1263 of this title 



§1272. Publicity; reports; dissemination of informa- 

 tion. 



(a) The Secretary may cause to be published from 

 time to time reports summarizing any judgments, 

 decrees, or court orders which have been rendered 

 under this chapter, including the nature of the 

 charge and the disposition thereof. 



(b) The Secretary may also cau'je to be dissemi- 

 nated information regarding hazardous substances 

 In situations involving, in the opinion of the Sec- 

 retary, imminent danger to health. Nothing 

 In this section shall be construed to prohibit the 

 Secretary from collecting, reporting, and illustrating 

 the results of the investigations of the Depart- 

 ment. (Pub. L. 86-613, § 13, July 12, 1960, 74 Stat. 

 379.) 



§ 1273. Imports. 



(a) Delivery of samples to Secretary of Health, Edu- 

 cation, and Welfare; examination; refusal of 

 admission. 



The Secretary of the Treasury shall deliver to 

 the Secretary of Health, Education, and Welfare, 

 upon his request, samples of hazardous substances 

 which are being imported or offered for import into 

 the United States, giving notice thereof to the owner 

 or consignee, who may appear before the Secretary 



of Health. Education, and Welfare and have the right 

 to introduce testimony. If it appears from the ex- 

 amination of such samples or otherwise that such 

 hazardous substanct Is a misbranded hazardous sub- 

 stance or banned hazardous substance or in violation 

 of section 1263(f) of this title, then such hazardous 

 substance shall be refused admission, except as 

 provided in subsection (b) of this section. The Sec- 

 retary of the Treasury shall cause the destruction 

 of any such hazardous substance refused admission 

 unless such hazardous substance is exported, under 

 regulations prescribed by the Secretary of the Treas- 

 ury, within ninety days of the date of notice of such 

 refusal or within such additional time as may be 

 permitted pursuant to such regulations. 



(b) Disposition of refused articles. 



Pending decision as to the admission of a haz- 

 ardous substance being Imported or offered for im- 

 port, the Secretary of the Treasury may authorize 

 delivery of such hazardous substance to the owner or 

 consignee upon the execution by him of a good and 

 sufficient bond providing for the payment of such 

 liquidated damages in the event of default as may 

 be required pursuant to regulations of the Secre- 

 tary of the Treasury. If it appears to the Secre- 

 tary of Health. Education, and Welfare that the 

 hazardous substance can. by relabeling or other 

 action, be brought into compliance with this chap- 

 ter, final determination as to admission of such 

 hazardous substance may be deferred and. upon 

 filing of timely written application by the owner or 

 consignee and the execution by him of a bond as pro- 

 vided in the preceding provisions of this subsection, 

 the Secretary may, in accordance with regulations, 

 authorize the applicant to perform such relabeling or 

 other action specified In such authorization (Includ- 

 ing destruction or export of rejected hazardous 

 substances or portions thereof, as may be specified 

 in the Secretary's authorization). All such relabel- 

 ing or other action pursuant to such authorization 

 shall. In accordance with regulations, be under the 

 supervision of an officer or employee of the Depart- 

 ment of Health, Education, and Welfare designated 

 by the Secretary, or an officer or employee of the De- 

 partment of the Treasury designated by the Secre- 

 tary of the Treasury. 



(c) Expenses in connection with refused articles. 



All expenses (including travel, per diem, or sub- 

 sistence, and salaries of officers or employees of 

 the United States) In connection with the destruc- 

 tion provided for In subsection (a) of this section 

 and the supervision of the relabeling or other ac- 

 tion authorized under the provisions of subsection 

 (b) of this section, the amount of such expenses to 

 be determined in accordance with regulations, and 

 all expenses In connection with the storage, cartage, 

 or labor with respect to any hazardous substance re- 

 fused admission under subsection (a) of this section, 

 shall be paid by the owner or consignee and. in de- 

 fault of such payment, shall constitute a lien against 

 any future importations made by such owner or 

 consignee. (Pub. L. 86-613. § 14, July 12, 1960, 74 

 Stat. 379; Pub. L. 89-756, §§ 2(i), 3(e). Nov. 3. 1966. 

 80 Stat. 1304. 1305.) 



