234 



eluded from such Inspection, data concerning finance, 

 sales, other than shipment, pricing, personnel, other than 

 relating to new drugs subject to reporting, provided that 

 the provisions of the second sentence of this subsection 

 shall be inapplicable to pharmacies, practitioners and 

 other persons enumerated In pars. (1)— (4). and elimi- 

 nated "are held" preceding "after such Introduction." 



Subsec. (b). Pub. L. 87-781. 5 201(b), Inserted "con- 

 sulting laboratory" following "warehouse." 



1953 — Act Aug. 7, 1953, designated existing provisions 

 as subsec. (a) and amended them by substituting pro- 

 visions permitting entry and Inspection upon presenta- 

 tion of appropriate credentials and a written notice to 

 the owner, operator, or agent In charge for provisions 

 which authorized entry and Inspection only after making 

 a request and obtaining permission from the owner, oper- 

 ator, or custodian, and inserting provisions requiring a 

 separate written notice for each inspection but not for 

 each entry made dxirlng the period covered by the Inspec- 

 tion, and directing that the inspection shall be conducted 

 within reasonable limits. In a reasonable manner and 

 completed with reasonable promptness, and added sub- 

 sees, (b) — (d). 



§375. Publicity. 



(a) Reports. 



The Secretary shall cause to be published from 

 time to time reports summarizing all judgments, 

 decrees, and court orders which have been rendered 

 under this chapter, including the nature of the charge 

 and the disposition thereof. 



(b) Information regarding certain goods. 



The Secretary may also cause to be dissemi- 

 nated Information regarding food, drugs, devices, or 

 cosmetics in situations involving, in the opinion of 

 the Secretary, imminent danger to health or 

 gross deception of the consumer. Nothing in this 

 section shall be construed to prohibit the Secre- 

 tary from collecting, reporting, and illustrating the 

 results of the investigations of the Department. 

 (June 25, 1938, ch. 675. §705, 52 Stat. 1057; 1940 

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

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

 Apr. 11, 1953. 18 P. R. 2053, 67 Stat. 631.) 



SUBCHAPTER VIII.— IMPORTS AND EXPORTS 



§381. Imports and exports. 



(a) Imports; list of registered foreign establishments; 

 samples from unregistered foreign establish- 

 ments; examination and refusal of admission. 

 The Secretary of the Treasury shall deliver to the 

 Secretary of Health. Education, and Welfare, upon 

 his request, samples of food, drugs, devices, and cos- 

 metics which are being imported or offered for im- 

 port 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. The 

 Secretary of Health. Education, and Welfare shall 

 furnish to the Secretary of the Treasury a list of 

 establishments registered pursuant to section 360(i) 

 of this title and shall request that if any drugs or 

 devices manufactured, prepared, propagated, com- 

 pounded, or processed in an establishment not so 

 registered are Imported or offered for import into 

 the United States, samples of such drugs or devices 

 be delivered to the Secretary of Health, Education, 

 and Welfare, with notice of such delivery 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 examination of such samples or otherwise 

 that (1) such article has been manufactured, 

 processed, or packed under insanitary conditions 

 or, in the case of a device, the methods used in, or 

 the facilities or controls used for, the manufacture, 

 packing, storage, or installation of the device do 

 not conform to the requirements of section 

 360j(f), or (2) such article is forbidden 

 or restricted in sale in the country in which 

 it was produced or from which it was ex- 

 ported, or (3) such article is adulterated, mis- 

 branded, or in violation of section 355 of this title, 

 then such article shall be refused admission, except 

 as provided in subsection (b) of this section. The 

 Secretary of the Treasury shall cause the destruc- 

 tion of any such article refused admission unless 

 such article is exported, under regulations pre- 

 scribed by the Secretary of the Treasury, within 

 ninety days of the date of notice of such refusal or 

 within such additional time as may be permitted 

 pursuant to such regulations. Clause (2) of the third 

 sentence of this subsection shall not be construed to 

 prohibit the admission of narcotic drugs the im- 

 portation of which is permitted under the Controlled 

 Substances Import and Export Act. 



(b) Same; disposition of refused articles. 



Pending decision as to the admission of an article 

 being imported or offered for import, the Secretary 

 of the Treasury may authorize delivery of such 

 article to the owner or consignee upon the execu- 

 tion 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 Secretary of the Treasury. If it 

 appears to the Secretary of Health, Education, and 

 Welfare that an article included within the pro- 

 visions of clause (3) of subsection (a) of this section 

 can, by relabeling or other action, be brought into 

 compliance with this chapter or rendered other than 

 a fcod, drug, device, or cosmetic, final determina- 

 tion as to admission of such article may be 

 deferred and. upon filing of timely written ap- 

 plication by the owner or consignee and the execu- 

 tion by him of a bond as provided in the preceding 

 provisions of this subsection, the Secretary of 

 Health, Education, and Welfare may, in accordance 

 with regulations, authorize the appUcant to per- 

 form such relabeling or other action si>ecifled in 

 such authorization (including destruction or export 

 of rejected articles or portions thereof, as may be 

 specified in the Secretary's authorization). All 

 such relabeling or other action pursuant to such 

 authorization shall in accordance with regulatioris 

 be under the supervision of an officer or employee 

 of the Department of Health, Education, and Wel- 

 fare designated by the Secretary of Health, Educa- 

 tion, and Welfare, or an officer or employee of the 

 Department of the Treasury designated by the Sec- 

 retary of the Treasury, 



(c) Same; charges concerning 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 destruction 



