15 U.S.C. § 1271 — Records of interstate shipment

Page 1375 TITLE 15—COMMERCE AND TRADE § 1273 1 So in original. Probably should be ‘‘Commission’’. Commission’’ for ‘‘commissioned by the Secretary’’, and ‘‘officer of the Commission’’ for ‘‘officer of the De- partment’’. Subsec. (b). Pub. L. 110–314, § 204(b)(4)(B), substituted ‘‘Commission’’ for ‘‘Secretary’’. § 1271. Records of interstate shipment For the purpose of enforcing the provisions of this chapter, carriers engaged in interstate com- merce, and persons receiving hazardous sub- stances in interstate commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly des- ignated by the Commission, permit such officer or employee, at reasonable times, to have access to and to copy all records showing the move- ment in interstate commerce of any such haz- ardous substance, or the holding thereof during or after such movement, and the quantity, ship- per, and consignee thereof; and it shall be un- lawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates: Provided, That evidence ob- tained under this section, or any evidence which is directly or indirectly derived from such evi- dence, shall not be used in a criminal prosecu- tion of the person from whom obtained: Provided further, That carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers. (Pub. L. 86–613, § 12, July 12, 1960, 74 Stat. 379; Pub. L. 91–452, title II, § 219, Oct. 15, 1970, 84 Stat. 929; Pub. L. 110–314, title II, § 204(b)(4)(B), Aug. 14, 2008, 122 Stat. 3041.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–314 substituted ‘‘Commission’’ for ‘‘Secretary’’. 1970—Pub. L. 91–452 inserted ‘‘, or any evidence which is directly or indirectly derived from such evidence,’’ after ‘‘under this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. § 1272. Publicity; reports; dissemination of infor- mation (a) Summaries of judgments, decrees, orders The Commission may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. (b) Information as to health dangers and inves- tigations The Commission may also cause to be dissemi- nated information regarding hazardous sub- stances in situations involving, in the opinion of the Commission, imminent danger to health. Nothing in this section shall be construed to prohibit the Commission from collecting, re- porting, and illustrating the results of the inves- tigations of the Commission. (Pub. L. 86–613, § 13, July 12, 1960, 74 Stat. 379; Pub. L. 110–314, title II, § 204(b)(4)(B), (C), Aug. 14, 2008, 122 Stat. 3041, 3042.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–314, § 204(b)(4)(B), sub- stituted ‘‘Commission’’ for ‘‘Secretary’’. Subsec. (b). Pub. L. 110–314, § 204(b)(4)(B), (C), sub- stituted ‘‘Commission’’ for ‘‘Department’’ after ‘‘inves- tigations of the’’ and for ‘‘Secretary’’ wherever appear- ing. § 1273. Imports (a) Delivery of samples to Commission; examina- tion; refusal of admission The Secretary of the Treasury shall deliver to the Commission, upon its request, samples of hazardous substances which are being imported or offered for import into the United States, giv- ing notice thereof to the owner or consignee, who may appear before the Commission and have the right to introduce testimony. If it ap- pears from the examination of such samples or otherwise that such hazardous substance is a misbranded hazardous substance or banned haz- ardous substance or in violation of section 1263(f) of this title, then such hazardous sub- stance shall be refused admission, except as pro- vided in subsection (b) of this section. The Sec- retary of the Treasury shall cause the destruc- tion of any such hazardous substance refused ad- mission unless such hazardous substance is ex- ported, under regulations prescribed by the Sec- retary 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. (b) Disposition of refused articles Pending decision as to the admission of a haz- ardous substance being imported or offered for import, the Secretary of the Treasury may au- thorize delivery of such hazardous substance to the owner or consignee upon the execution 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 Commission that the hazardous substance can, by relabeling or other action, be brought into compliance with this chapter, final determination as to admission of such hazardous substance may be deferred and, upon filing of timely written application by the owner or con- signee and the execution by him of a bond as provided in the preceding provisions of this sub- section, the Secretary 1 may, in accordance with regulations, authorize the applicant to perform such relabeling or other action specified in such authorization (including destruction or export of rejected hazardous substances or portions