231 



(f) Review of order. 



( 1 ) In a case of actual controversy as to the valid- 

 ity of any order under subsection (e) of this section, 

 any person who will be adversely affected by such 

 order If placed In effect may at any time prior to 

 the ninetieth day after such order is Issued file a 

 petition with the United States court of appeals 

 for the circuit wherein such person resides or has 

 his principal place of business, for a Judicial review 

 of such order. A copy of the petition shall be 

 forthwith transmitted by the clerk of the court to 

 the Secretary or other oflBcer designated by him for 

 that purpose The Secretary thereupon shall file 

 in the court the record of the proceedings on which 

 the Secretary based his order, as provided In section 

 2H2 of Title 28. 



(2) If the petitioner applies to the court for leave 

 to adduce additional evidence, and shows to the 

 satisfaction of the court that such additional evi- 

 dence is material and that there were reasonable 

 grounds for the failure to adduce such evidence in 

 the proceedir? before the Secretary, the court 

 may order such additional evidence (and evidence in 

 rebuttal thereof) to be taken before the Secretary, 

 and to be adduced upon the hearing. In such 

 manner and upon such terms and conditions as to 

 the court may seem proper. The Secretary may 

 modify his findings as to the facts, or make new 

 findings, by reason of the additional evidence so 

 taken, and he shall file such modified or new find- 

 ings, and his recommendation. If any. for the modifi- 

 cation or setting aside of his original order, with the 

 return of such additional evidence. 



(3) Upon the filing of the petition referred to in 

 paragraph (1) of this subsection, the court shall 

 have Jurisdiction to affirm the order, or to set it 

 aside In whole or In part, temporarily or perma- 

 nently. If the order of the Secretary refuses to 

 issue, amend, or repeal a regulation and such order 

 is not In accordance with law the court shall by 

 Its Judgment order the Secretary to take action, with 

 respect to such regulation. In accordance with law. 

 The findings of the Secretary as to the facts. If 

 supported by substantial evidence, shall be conclu- 

 sive. 



(4) The Judgment of the court affirming or setting 

 aside, in whole or In part, any such order of the 

 Secretary shall be final, subject to review by 

 the Supreme Court of the United States upon certio- 

 rari or certification as provided In sections 346 and 

 347 of Title 28. 



(5) Any action Instituted under this subsection 

 shall survive notwithstanding any change In the 

 person occupying the office of Secretary or any 

 vacancy In such office. 



(6) The remedies provided for in this subsection 

 shall be in addition to and not in substitution for any 

 other remedies provided by law. 



(g) Copies of records of hearings. 



A certified copy of the transcript of the record 

 and proceedings under subsection (e) of this section 

 shall be furnished by the Secretary to any inter- 

 ested party at his request, and payment of the costs 

 thereof, and shall be admissible In any criminal, libel 

 for condemnation, exclusion of Imports, or other pro- 



ceeding arising under or in respect to this chapter, 

 Irrespective of whether proceedings with respect to 

 the order have previously been Instituted or become 

 final under subsection (f ) of this section. (June 25. 

 1938. ch. 675. 5 701. 52 Stat. 1055; 1940 Reorg. Plan 

 No. rv. § 12. eff. June 30. 1940. 5 F. R. 2422. 54 Stat. 

 1237; June 25, 1948. ch. 648, § 32. 62 Stat. 991; 1953 

 Reorg. Plan No. 1, S 5. efT. Apr. 11. 1953, 18 P. R. 

 2053, 67 Stat. 631; Apr. 15, 1954, ch. 143. §2. 68 

 Stat. 55; Aug. 1, 1956. ch. 861. § 2. 70 Stat. 919; Aug. 

 28, 1958. Pub. L. 85-791. 5 21. 72 Stat. 948; July 12. 

 1960. Pub. L. 86-618, title I. 5 103(a)(4). 74 Stat. 

 398.) 



AMENCMrNTS 



1960 — Subsec. (e) . Pub L 86-618 substituted "sec- 

 tion 341. 343(J). 344(a). 346. 351(b). or 352(d) or (h). of 

 this title" for "section 341. 343(J). 344(a). 346(a) or (b). 

 351(b).352 (d) or (h), 354 or 364 of this title." 



1858— Subsec. (f) (1). Pub. L. 86-791, (21 (a), substi- 

 tuted provisions requiring transmission of a copy of the 

 petition by clerk to Secretary, and filing of the record by 

 Secretary, for provisions which permitted service of sum- 

 mons and petition any place In United States and required 

 Secretary to certify and file transcript of the proceedings 

 and record upon service. 



Subsec. (f) (3). Pub. L. 85-791, 1 21 (b). Inserted 

 "Upon the filing of the petition referred to In paragraph 

 (1) of this subsection '. 



1956— Subsec. (e) Act Aug. 1. 1956. simplified the 

 procedures governing the prescribing of regulations under 

 certain provisions of this chapter. 



1954 — Subsec. (e). Act Apr. 15. 1954. struck out the 

 reference to section 341 of this title, preceding "343 (J)", 

 such section 341 now containing Its own provisions with 

 respect to hearings regarding the establishment of food 

 standards. 



§ 372. Examinations and investigations. 



(a) Authority to conduct. 



The Secretary is authorized to conduct examina- 

 tions and investigations for the purposes of this 

 chapter through officers and employees of the De- 

 partment or through any health, food, or drug offi- 

 cer or employee of any State, Territory, or political 

 subdivision thereof, duly commissioned by the Sec- 

 retary as an officer of the Department. In the case 

 of food packed in the Commonwealth of Puerto Rico 

 or a Territory the Secretary shall attempt to make 

 inspection of such food at the first ix)lnt of entry 

 within the United States when, in his opinion and 

 with due regard to the enforcement of all the pro- 

 visions of this chapter, the facilities at his disposal 

 will permit of such Inspection. For the purposes of 

 this subsection the term "United States" means the 

 States and the District of Columbia. 



(b) Availability to owner of part of analysis samples. 

 Where a sample of a food, drug, or cosmetic Is 



collected for analysis under this chapter the Secre- 

 tary shall, upon request, provide a part of such 

 official sample for examination or analysis by any 

 person named on the label of the article, or the 

 owner thereof, or his attorney or agent; except that 

 the Secretary is authorized, by regulations, to 

 make such reasonable exceptions from, and impose 

 such reasonable terms and conditions relating to, the 

 operation of this subsection as he finds necessary 

 for the proper administration of the provisions of 

 this chapter. 



(c) Records of other departments and agencies. 



For purposes of enforcement of this chapter, rec- 



