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21 U.S.C. § 373Records

submitted 88 years ago by ch. 675 to r/title-21-FOOD-AND-DRUGS · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

Carriers and companies handling food, drugs, devices, tobacco, or cosmetics in interstate commerce must let the government inspect and copy their shipping records on request. Refusing is illegal, though evidence collected this way can't be used to criminally prosecute the person it came from, and ordinary carriers get some protection. Food shippers subject to a related tracing law have similar record-access duties.

(a) In general. To enforce this chapter, carriers moving goods in interstate commerce, and people who receive or hold food, drugs, devices, tobacco products, or cosmetics that traveled in interstate commerce, must let an officer or employee the Secretary designates inspect and copy, at reasonable times, all records showing how such an item moved in interstate commerce or was held during or after that movement — including quantity, shipper, and consignee. It is illegal for a carrier or person to refuse this access and copying once they get a written request that specifies the kind of food, drug, device, tobacco product, or cosmetic involved. However, evidence gathered this way — or anything derived from it — cannot be used to criminally prosecute the person it came from. And carriers are not otherwise subject to this chapter just because they received, carried, held, or delivered these items in the ordinary course of business as carriers, except as described in subsection (b). (b) Food transportation records. A shipper, motor or rail carrier, receiver, or other person covered by section 350e must, on request from an officer or employee the Secretary designates, let that person inspect and copy, at reasonable times, all records the Secretary requires to be kept under section 350e(c)(1)(E).
the actual law source: uscode.house.gov ↗public domain
(a) In general

For the purpose of enforcing the provisions of this chapter, carriers engaged in interstate commerce, and persons receiving food, drugs, devices, tobacco products, or cosmetics in interstate commerce or holding such articles 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 food, drug, device, tobacco product, 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, tobacco product, or cosmetic to which such request relates, except 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, and except 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, tobacco products, or cosmetics in the usual course of business as carriers, except as provided in subsection (b).

(b) Food transportation records

A shipper, carrier by motor vehicle or rail vehicle, receiver, or other person subject to section 350e of this title shall, on request of an officer or employee designated by the Secretary, permit the officer or employee, at reasonable times, to have access to and to copy all records that the Secretary requires to be kept under section 350e(c)(1)(E) of this title.

Source credit: (June 25, 1938, ch. 675, § 703, 52 Stat. 1057; Pub. L. 91–452, title II, § 230, Oct. 15, 1970, 84 Stat. 930; Pub. L. 103–80, § 3(z), Aug. 13, 1993, 107 Stat. 778; Pub. L. 109–59, title VII, § 7202(c), Aug. 10, 2005, 119 Stat. 1913; Pub. L. 111–31, div. A, title I, § 103(h), June 22, 2009, 123 Stat. 1837.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of June 25, 1938, ch. 675 · 52 Stat. 1057
  • 1970Amended · Pub. L. 91-452 · 84 Stat. 930
  • 1993Amended · Pub. L. 103-80 · 107 Stat. 778
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1913
  • 2009Amended · Pub. L. 111-31 · 123 Stat. 1837

A history note hasn’t been published yet. The record shows enactment by ch. 675 on 1938-06-25.

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