232 



ords of any department or independent establish- 

 ment in the executive branch of the Government 

 shall be open to inspection by any ofiScial of the 

 Department duly authorized by the Secretary to 

 make such inspection. 



:«• * * * » 



(June 25, 1938, ch. 675, § 702, 52 Stat. 1056; 1940 



Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F.R. 



2422, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. 



Apr. 11. 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 10, 



1962, Pub. L. 87-781, title III, §§ 307(b) . 308, 76 Stat. 



796; July 15, 1965, Pub. L. 89-74, § 8(a), 79 Stat. 234; 



Oct. 27. 1970, Pub. L. 91-513. title II, § 701(f) , 84 Stat. 



1282.) 



Amendments 



1970 — subsec. (e). Pub. L 91-513 struck out reference 

 to depressant or stimulant drugs. 



1965 — Subsec. (e). Pub. L. 89-74 added subsec. (e) 



1962— Subsec. (a). Pub. L. 87-781, 5 307(b), Inserted 

 "the Commonwealth of Puerto Rico or" preceding "a 

 Territory the Secretary." 



Subsec. (d). Pub. L. 87-781. §308, added subsec. (d). 



§ 372a. Examination of sea food on request of packer; 

 marking food with results; fees; penalties. 



The Secretary of Health. Education, and Welfare, 

 upon application of any packer of any sea food for 

 shipment or sale within the jurisdiction of this 

 chapter, may, at his discretion, designate inspectors 

 to examine and inspect such food and the produc- 

 tion, packing, and labeling thereof. If on such 

 examination and inspection compliance is found 

 with the provisions of this chapter and regulations 

 promulgated thereunder, the applicant shall be au- 

 thcrized or required to mark the food as provided by 

 regulation to show such compliance. Services un- 

 der this secticn shall be rendered only upon pay- 

 ment by the applicant of fees fixed by regulation in 

 such amounts as may be necessary to provide, equip, 

 and maintain an adequate and efficient inspection 

 service. Receipts from such fees shall be covered 

 into the Treasury and shall be available to the Sec- 

 retary of Health. Education, and Welfare for ex- 

 penditures incurred in carrying out the purposes 

 cf this section, including expenditures for salaries 

 of additional inspectors when necessary to supple- 

 ment, the number of inspectors for whose sala- 

 ries Congress has appropriated. The Secretary 

 is authorized to promulgate regulations gov- 

 erning the sanitary and other conditions under 

 which the service herein provided shall be granted 

 and maintained, and for otherwise carrying 

 out the purposes of this section Any person who 

 forges, counterfeits, simulates, or falsely represents, 

 or without proper authority uses any mark, stamp, 

 tag. label, or other identification devices authorized 

 or required by the provisions of this section or reg- 

 ulations thereunder, shall be guilty of a misde- 

 meanor, and shall on conviction thereof be subject to 

 Imprisonment for not more than one year or a fine 

 of not less than $1,000 nor more than $5,000. or both 

 such imprisonment and fine. 'June 30. 1906, ch 

 3915. § lOA. as added June 22. 1934, ch. 712. 48 Stat 

 1204. and amended Aug. 27. 1935. ch. 739. 49 Stai. 

 871; June 25. 1938, ch. 675, § 902 (a), 52 Stat. 1059: 



1940 Reorg. Plan No. IV. § 12. eflf. June 30. 1940. 5 

 P. R. 2422. 54 Stat. 1237. renumbered § 702A of act 

 June 25, 1938. ch. 675. 52 Stat. 1059 by act July 12. 

 1943, ch. 221, title II, § 1. 57 Stat. 500, and amended 

 1953 Reorg. Plan No. 1, §5. eflf. Apr. 11, 1953. 18 

 P. R. 2053. 67 Stat. 631.) 



§373. Records of interstate shipment. 



For the purpose of enforcing the provisions of this 

 chapter, carriers engaged in interstate commerce, 

 and persons receiving food, drugs, devices, or cos- 

 metics in interstate commerce or holding such ar- 

 ticles so received, shall, upon the request of an 

 officer or employee duly designated by the Sec- 

 retary, permit such officer or employee, at reason- 

 able times, to have access to and to copy all records 

 showing the movement in interstate commerce of 

 any food, drug, device, or cosmetic, 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 such record 

 so requested when such request is accompanied by 

 a statement in writing specifying the nature or kind 

 of food, drug, device, or cosmetic to which such 

 request relates: Provided. That evidence obtained 

 under this section, or any evidence which is 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 food, drugs, devices, or cosmetics in the 

 usual course of business as carriers. (June 25, 1938, 

 ch. 675, § 703, 52 Stat. 1057; 1940 Reorg. Plan No. IV, 

 § 12. eflf. June 30, 1940, 5 F. R. 2422, 54 Stat. 1237; 

 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11. 1953, 18 F. R. 

 2053, 67 Stat. 631; Oct. 15, 1970, Pub. L. 91-452, title 

 n, §230, »4 Stat. 930.) 



Amendments 

 1970 — Pub. L 91-452 added ", or any evidence which Is 

 directly or Indirectly derived from such evidence," fol- 

 lowing "under this section". 



§ 374. Inspection. 



(a) Right of agents to enter; scope of inspection; 

 notice; promptness; exclusions. 

 For purposes of enforcement of this chapter, 

 officers or employees duly designated by the Secre- 

 tary, upon presenting appropriate credentials and 

 a written notice to the owner, operator, or agent in 

 charge, are authorized (1) to enter, at reasonable 

 times, any factory, warehouse, or establishment in 

 which food, drugs, devices, or cosmetics are manu- 

 factured, processed, packed, or held, for introduction 

 into interstate commerce or after such introduction, 

 or to enter any vehicle being used to transport or 

 hold such food, drugs, devices, or cosmetics in inter- 

 state commerce; and (2) to inspect, at reasonable 

 times and within reasonable limits and in a reason- 

 able manner, such factory, warehouse, establish- 

 ment, or vehicle and all pertinent equipment, 

 finished and unfinished materials; containers, and 

 labeling therein. In the case of any factory, ware- 

 house, establishment, or consulting laboratory in 



