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15 U.S.C. § 1270 — Examinations and investigations

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1270 — Examinations and investigations

**(a) Authority to conduct** The Commission is authorized to conduct examinations, inspections, and investigations for the purposes of this chapter through officers and employees of the Commission or through any health officer or employee of any State, territory, or political subdivision thereof, duly commissioned by the Commission as an officer of the Commission. **(b) Inspection; notice; samples** For purposes of enforcement of this chapter, officers or employees duly designated by the Commission, 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 hazardous substances are manufactured, processed, packed, or held for introduction into interstate commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such hazardous substances in interstate commerce; (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling therein; and (3) to obtain samples of such materials or packages thereof, or of such labeling. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. **(c) Receipt for sample; results of analysis** If the officer or employee obtains any sample, prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If an analysis is made of such sample, a copy of the

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Stable record: federal_law:legal_authorities:record_usc_06f8cb70661cac60a7d3e2e6
Source file: Laws/federal/codes/united-states-code/title-15/section-1270-examinations-and-investigations--646e6718f5.md
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Source location: Title 15, Chapter 30, § 1270; chapter-030-hazardous-substances.md

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**(a) Authority to conduct** The Commission is authorized to conduct examinations, inspections, and investigations for the purposes of this chapter through officers and employees of the Commission or through any health officer or employee of any State, territory, or political subdivision thereof, duly commissioned by the Commission as an officer of the Commission. **(b) Inspection; notice; samples** For purposes of enforcement of this chapter, officers or employees duly designated by the Commission, 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 hazardous substances are manufactured, processed, packed, or held for introduction into interstate commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such hazardous substances in interstate commerce; (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling therein; and (3) to obtain samples of such materials or packages thereof, or of such labeling. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. **(c) Receipt for sample; results of analysis** If the officer or employee obtains any sample, prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If an analysis is made of such sample, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1263 — Prohibited acts

The following acts and the causing thereof are prohibited: **(a)** The introduction or delivery for introduction into interstate commerce of any misbranded hazardous substance or banned hazardous substance. **(b)** The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while the substance is in interstate commerce, or while the substance is held for sale (whether or not the first sale) after shipment in interstate commerce, and results in the hazardous substance being a misbranded hazardous substance or banned hazardous substance. **(c)** The receipt in interstate commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise. **(d)** The giving of a guarantee or undertaking referred to in [section 1264(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1264/b/2&num=0&edition=prelim) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance. **(e)** The failure to permit entry or inspection as authorized by [section 1270(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1270/b&num=0&edition=prelim) or to permit access to and copying of any record as authorized by [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1271&num=0&edition=prelim). **(f)** The introduction or delivery for introduct

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1270 — Examinations and investigations

Page 1374 TITLE 15—COMMERCE AND TRADE § 1267 Editorial Notes AMENDMENTS 2008—Pub. L. 110–314 substituted ‘‘Commission’’ for ‘‘Secretary’’. § 1267. Injunctions; criminal contempt; trial by court or jury (a) Jurisdiction The United States district courts and the United States courts of the territories shall have jurisdiction, for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this chapter. (b) Trials In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the ac- cused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. (Pub. L. 86–613, § 8, July 12, 1960, 74 Stat. 378.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare under this chapter transferred to Consumer Product Safety Commission, see section 2079 of this title. § 1268. Proceedings in name of United States; subpenas All criminal proceedings and all libel or in- junction proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States in any district may run into any other district in any such proceeding. (Pub. L. 86–613, § 9, July 12, 1960, 74 Stat. 378.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, an

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