15 U.S.C. § 2610 — Inspections and subpoenas

Page 1880 TITLE 15—COMMERCE AND TRADE § 2610 toward the development of rapid, reliable, and economical screening techniques for carcino- genic, mutagenic, teratogenic, and ecological ef- fects of chemical substances and mixtures. (d) Monitoring The Administrator shall, in consultation and cooperation with the Secretary of Health and Human Services, establish and be responsible for research aimed at the development, in coopera- tion with local, State, and Federal agencies, of monitoring techniques and instruments which may be used in the detection of toxic chemical substances and mixtures and which are reliable, economical, and capable of being implemented under a wide variety of conditions. (e) Basic research The Administrator shall, in consultation and cooperation with the Secretary of Health and Human Services, establish research programs to develop the fundamental scientific basis of the screening and monitoring techniques described in subsections (c) and (d), the bounds of the reli- ability of such techniques, and the opportunities for their improvement. (f) Training The Administrator shall establish and pro- mote programs and workshops to train or facili- tate the training of Federal laboratory and tech- nical personnel in existing or newly developed screening and monitoring techniques. (g) Exchange of research and development re- sults The Administrator shall, in consultation with the Secretary of Health and Human Services and other heads of appropriate departments and agencies, establish and coordinate a system for exchange among Federal, State, and local au- thorities of research and development results re- specting toxic chemical substances and mix- tures, including a system to facilitate and pro- mote the development of standard information format and analysis and consistent testing pro- cedures. (Pub. L. 94–469, title I, § 10, Oct. 11, 1976, 90 Stat. 2031; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, § 19(i), June 22, 2016, 130 Stat. 507.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–182, § 19(i)(2), substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Wel- fare’’ wherever appearing. Pub. L. 114–182, § 19(i)(1), substituted ‘‘information’’ for ‘‘data’’ in section catchline. Subsec. (b). Pub. L. 114–182, § 19(i)(3)(A), substituted ‘‘Information’’ for ‘‘Data’’ in heading. Subsec. (b)(1). Pub. L. 114–182, § 19(i)(3)(B), substituted ‘‘information’’ for ‘‘data’’. Subsec. (b)(2)(A). Pub. L. 114–182, § 19(i)(3)(C), sub- stituted ‘‘information’’ for ‘‘data’’. Subsec. (b)(2)(B). Pub. L. 114–182, § 19(i)(3)(D), sub- stituted ‘‘an information’’ for ‘‘a data’’. Subsec. (g). Pub. L. 114–182, § 19(i)(4), substituted ‘‘in- formation’’ for ‘‘data’’. CODIFICATION In subsec. (a), ‘‘section 3324(a) and (b) of title 31 and section 6101 of title 41’’ substituted for ‘‘sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529, 14 U.S.C. 5)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Fi- nance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(2)(B), ‘‘section 3324(a) and (b) of title 31 and section 6101 of title 41’’ substituted for ‘‘sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 5)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. AVAILABILITY OF GRANTS Grants awarded under this section are available for research, development, monitoring, public education, training, demonstrations, and studies, beginning in fis- cal year 2000 and thereafter, see provisions of title III of Pub. L. 106–74, set out as a note under section 136r of Title 7, Agriculture. § 2610. Inspections and subpoenas (a) In general For purposes of administering this chapter, the Administrator, and any duly designated rep- resentative of the Administrator, may inspect any establishment, facility, or other premises in which chemical substances, mixtures, or prod- ucts subject to subchapter IV are manufactured, processed, stored, or held before or after their distribution in commerce and any conveyance being used to transport chemical substances, mixtures, such products, or such articles in con- nection with distribution in commerce. Such an inspection may only be made upon the presen- tation of appropriate credentials and of a writ- ten notice to the owner, operator, or agent in charge of the premises or conveyance to be in- spected. 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 reason- able promptness and shall be conducted at rea- sonable times, within reasonable limits, and in a reasonable manner. (b) Scope (1) Except as provided in paragraph (2), an in- spection conducted under subsection (a) shall extend to all things within the premises or con- veyance inspected (including records, files, pa- pers, processes, controls, and facilities) bearing on whether the requirements of this chapter ap- plicable to the chemical substances, mixtures, or products subject to subchapter IV within such premises or conveyance have been complied with. (2) No inspection under subsection (a) shall ex- tend to— (A) financial information, (B) sales information (other than shipment information), (C) pricing information, (D) personnel information, or (E) research information (other than infor- mation required by this chapter or under a Page 1881 TITLE 15—COMMERCE AND TRADE § 2611 rule promulgated, order issued, or consent agreement entered into thereunder), unless the nature and extent of such informa- tion are described with reasonable specificity in the written notice required by subsection (a) for such inspection. (c) Subpoenas In carrying out this chapter, the Adminis- trator may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to ques- tions, and other information that the Adminis- trator deems necessary. Witnesses shall be paid the same fees and mileage that are paid wit- nesses in the courts of the United States. In the event of contumacy, failure, or refusal of any person to obey any such subpoena, any district court of the United States in which venue is proper shall have jurisdiction to order any such person to comply with such subpoena. Any fail- ure to obey such an order of the court is punish- able by the court as a contempt thereof. (Pub. L. 94–469, title I, § 11, Oct. 11, 1976, 90 Stat. 2032; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(2), (3), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, § 19(j), June 22, 2016, 130 Stat. 507.) Editorial Notes AMENDMENTS 2016—Subsec. (b)(2). Pub. L. 114–182, § 19(j)(1), sub- stituted ‘‘information’’ for ‘‘data’’ wherever appearing. Subsec. (b)(2)(E). Pub. L. 114–182, § 19(j)(2), substituted ‘‘rule promulgated, order issued, or consent agreement entered into’’ for ‘‘rule promulgated’’. 1992—Subsec. (a). Pub. L. 102–550, § 1021(b)(2), in first sentence, substituted ‘‘substances, mixtures, or prod- ucts subject to subchapter IV’’ for ‘‘substances or mix- tures’’ and inserted ‘‘such products,’’ before ‘‘or such articles’’. Subsec. (b)(1). Pub. L. 102–550, § 1021(b)(3), substituted ‘‘chemical substances, mixtures, or products subject to subchapter IV’’ for ‘‘chemical substances or mixtures’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2611. Exports (a) In general (1) Except as provided in paragraph (2) and subsections (b) and (c), this chapter (other than section 2607 of this title) shall not apply to any chemical substance, mixture, or to an article containing a chemical substance or mixture, if— (A) it can be shown that such substance, mixture, or article is being manufactured, processed, or distributed in commerce for ex- port from the United States, unless such sub- stance, mixture, or article was, in fact, manu- factured, processed, or distributed in com- merce, for use in the United States, and (B) such substance, mixture, or article (when distributed in commerce), or any container in which it is enclosed (when so distributed), bears a stamp or label stating that such sub- stance, mixture, or article is intended for ex- port. (2) Paragraph (1) shall not apply to any chem- ical substance, mixture, or article if the Admin- istrator finds that the substance, mixture, or ar- ticle presents an unreasonable risk of injury to health within the United States or to the envi- ronment of the United States. The Adminis- trator may require, under section 2603 of this title, testing of any chemical substance or mix- ture exempted from this chapter by paragraph (1) for the purpose of determining whether or not such substance or mixture presents an un- reasonable risk of injury to health within the United States or to the environment of the United States. (b) Notice (1) If any person exports or intends to export to a foreign country a chemical substance or mixture for which the submission of information is required under section 2603 or 2604(b) of this title, such person shall notify the Administrator of such exportation or intent to export and the Administrator shall furnish to the government of such country notice of the availability of the information submitted to the Administrator under such section for such substance or mix- ture. (2) If any person exports or intends to export to a foreign country a chemical substance or mixture for which an order has been issued under section 2604 of this title or a rule has been proposed or promulgated under section 2604 or 2605 of this title, or with respect to which an ac- tion is pending, or relief has been granted under section 2604 or 2606 of this title, such person shall notify the Administrator of such expor- tation or intent to export and the Administrator shall furnish to the government of such country notice of such rule, order, action, or relief. (c) Prohibition on export of elemental mercury and mercury compounds (1) Prohibition Effective January 1, 2013, the export of ele- mental mercury from the United States is pro- hibited. (2) Inapplicability of subsection (a) Subsection (a) shall not apply to this sub- section. (3) Report to Congress on mercury compounds (A) Report Not later than one year after October 14, 2008, the Administrator shall publish and submit to Congress a report on mercuric chloride, mercurous chloride or calomel, mercuric oxide, and other mercury com- pounds, if any, that may currently be used in significant quantities in products or proc- esses. Such report shall include an analysis of— (i) the sources and amounts of each of the mercury compounds imported into the United States or manufactured in the United States annually; (ii) the purposes for which each of these compounds are used domestically, the amount of these compounds currently con-