21 U.S.C. § 645 — Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority
submitted 119 years ago by Pub. L. 90-201 to r/title-21-FOOD-AND-DRUGS · 207 words · no verdicts yet
This section lets the Secretary apply specified Federal authorities to persons, firms, and corporations in a State or organized Territory that engage in specified kinds of business but not in or for commerce. This is allowed when the State or Territory lacks at least equal authority, or does not use its authority to carry out this chapter’s purposes, and the required access is provided.
The Secretary’s authority under section 642, 643, or 644 of this title concerning persons, firms, and corporations engaged in the kinds of business specified in those sections in or for commerce* may also be used for persons, firms, and corporations engaged, in a State* or organized Territory*, in those kinds of business but not in or for commerce. This applies when the Secretary* determines, after consulting an appropriate advisory committee under section 661, that the State or Territory does not have at least equal authority under its laws, or that the State or Territory does not use that authority in a way that carries out this chapter’s purposes. The State must also provide for the Secretary or the Secretary’s representative to have access to the places of business and their facilities, inventories, and records, and to take reasonable samples when the Secretary determines that access or sampling is necessary to carry out responsibilities under this chapter. In that situation, section 642, 643, or 644, as applicable, applies to those persons, firms, and corporations to the same extent and in the same way as if they were engaged in that business in or for commerce and the transactions involved were in commerce.
The authority conferred on the Secretary* by section 642, 643, or 644 of this title with respect to persons, firms, and corporations engaged in the specified kinds of business in or for commerce* may be exercised with respect to persons, firms, or corporations engaged, in any State* or organized Territory*, in such kinds of business but not in or for commerce, whenever the Secretary determines, after consultation with an appropriate advisory committee provided for in section 661 of this title, that the State or territory does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this chapter including the State providing for the Secretary or his representative being afforded access to such places of business and the facilities, inventories, and records thereof, and the taking of reasonable samples, where he determines necessary in carrying out his responsibilities under this chapter; and in such case the provisions of section 642, 643, or 644 of this title, respectively, shall apply to such persons, firms, and corporations to the same extent and in the same manner as if they were engaged in such business in or for commerce and the transactions involved were in commerce.
Source credit: (Mar. 4, 1907, ch. 2907, title II, § 205, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 594.)
- 1907Enacted · Pub. L. 90-201 · 81 Stat. 594
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-201 on 1907-03-04.
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