721 



designated agent at his office or usual place of resi- 

 dence with like effect as if made personally upon 

 said manufacturer, and in default of such designa- 

 tion of such agent, service of process, notice, order, 

 requirement, or decision in any proceeding before the 

 Secretary or in any judicial proceeding for enforce- 

 ment of this subpart or any standards prescribed 

 pursuant to this subpart may be made by posting 

 such process, notice, order, requirement, or decision 

 in the Office of the Secretary or in a place designated 

 by him by regulation. (July 1, 1944, ch. 373, title III, 

 § 360. as added Oct. 18, 1968, Pub. L. 90-602, § 2(3) , 

 82 Stat. 1181.) 



Definition of "Secretary" and "Department" 

 The terms "Secretary" and "Department" as used In 

 this section, except when otherwise specified, to mean 

 Secretary of Health. Education, and Welfare and De- 

 partment of Health, Education, and Welfare, respectively, 

 see section 3 of Pub. L. 90-602, set out as a note under 

 section 263b of this title. 



Noninterference With Other Federal Agencies 

 Enactment of this section not to be construed to super- 

 sede or limit the functions under any other provision of 

 law of any officer or agency of the United States, see 

 section 4 of Pub L. 90-602. set out as a note under section 

 263b of this title. 



Section Referred to in Other Sections 

 This section Is referred to in sections 263b — 263g. 2631 — 

 263n of this title. 



§263i. Inspection, records, and reports, 

 (a) Inspection of premises. 



If the Secretary finds for good cause that the 

 methods, tests, or programs related to electronic 

 product radiation safety in a particular factory, 

 warehouse, or establishment in which electronic 

 products are manufactured or held, may not be ade- 

 quate or reliable, officers or employees duly desig- 

 nated by the Secretary, upon presenting appropriate 

 credentials and a written notic3 to the owner, opera- 

 tor, or agent in charge, are thereafter authorized ( 1 ' 

 to enter, at reasonable times, any area in such fac- 

 tory, warehouse, or establishment in which the 

 manufacturer's tests (or testing programs) required 

 by section 263f(h) of this title are carried out, and 

 (2) to inspect, at reasonable times and within rea- 

 sonable limits and in a reasonable manner, the facil- 

 ities and procedures within such area which are 

 related to electronic product radiation safety. Each 

 such inspection shall be commenced and completed 

 with reasonable promptness. In addition to other 

 grounds upon which good cause may be found for 

 purposes of this subsection, good cause will be con- 

 sidered to exist in any case where the manufacturer 

 has introduced into commerce any electronic prod- 

 uct which does not comply with an applicable stand- 

 ard prescribed under this subpart and with respect to 

 which no exemption from the notification require- 

 ments has been granted by the Secretary under sec- 

 tion 263g( a) (2) or263g(ei of this title. 



(b) Record keeping. 



Every manufacturer of electronic products shall 

 establish and maintain such records 'including test- 

 ing records!, make such reports, and provide such 

 information, as the Secretary may reasonably re- 

 quire to enable him to determine whether such 

 manufacturer has acted or is acting in compliance 

 with this subpart and standards prescribed pur- 



suant to this subpart and shall, upon request of an 

 officer or employee duly designated by the Secretary, 

 permit such officer or employee to inspect appropri- 

 ate books, papers, records, and documents relevant 

 to determining whether such manufacturer has 

 acted or is acting in compliance with standards pre- 

 scribed pursuant to this subpart. 



(c) Disclosure of technical data. 



Every manufacturer of electronic products shall 

 provide to the Secretary such performance data and 

 other technical data related to safety as may be re- 

 quired to carry out the purposes of this subpart. 

 The Secretary is authorized to require the manu- 

 facturer to give such notification of such perform- 

 ance and technical data at the time of original pur- 

 chase to the ultimate purchaser of the electronic 

 product, as he determines necessary to carry out 

 the purposes of this subpart after consulting with 

 the affected industry. 



(d) Public nature of reports. 



Accident and investigation reports made under 

 this subpart by any officer, employee, or agent of the 

 Secretary shall be available for use in any civil, 

 criminal, or other judicial proceeding arising out 

 of such accident. Any such officer, employee, or agent 

 may be required to testify in such proceedings as to 

 the facts developed in such investigations. Any such 

 report shall be made available to the public in a 

 manner which need not identify individuals. All re- 

 ports on research projects, demonstration projects, 

 and other related activities shall be public infor- 

 mation. 



(e) Trade secrets. 



The Secretary or his representative shall not dis- 

 close any information reported to or otherwise ob- 

 tained by him, pursuant to subsection la) or (b) of 

 this section, which concerns any information which 

 contains or relates to a trade secret or other matter 

 referred to in section 1905 of Title 18. except that 

 such information may be disclosed to other officers 

 or employees of the Department and of other agen- 

 cies concerned with carrying out this subpart or 

 when relevant in any proceeding under this sub- 

 part. Nothing in this section shall authorize the 

 withholding of information by the Secretary, or by 

 any officers or employees under his control, from 

 the duly authorized committees of the Congress. 



(f) Information required to identify and locate first 

 purchasers of electronic products. 



The Secretary may by regulation 1 1 > require deal- 

 ers and distributors of electronic products, to which 

 there are applicable standards prescribed under this 

 subpart and the retail prices of which is not less 

 than $50, to furnish manufacturers of such products 

 such information as may be necessary to identify 

 and locate, for purposes of section 263g of this title, 

 the first purchasers of such products for purposes 

 other than resale, and (2) require manufacturers to 

 preserve such information Any regulation establish- 

 ing a requirement pursuant to clause (1) of the pre- 

 ceding sentence shall (A) authorize such dealers and 

 distributors to elect, in lieu of immediately furnish- 

 ing such information to the manufacturer, to hold 

 and preserve such information until advised by the 

 manufacturer or Secretary that such information is 



