21 U.S.C. § 372a — Transferred

Page 494 TITLE 21—FOOD AND DRUGS § 372a (e) Powers of enforcement personnel Any officer or employee of the Department designated by the Secretary to conduct exami- nations, investigations, or inspections under this chapter relating to counterfeit drugs may, when so authorized by the Secretary— (1) carry firearms; (2) execute and serve search warrants and ar- rest warrants; (3) execute seizure by process issued pursu- ant to libel under section 334 of this title; (4) make arrests without warrant for of- fenses under this chapter with respect to such drugs if the offense is committed in his pres- ence or, in the case of a felony, if he has prob- able cause to believe that the person so ar- rested has committed, or is committing, such offense; and (5) make, prior to the institution of libel proceedings under section 334(a)(2) of this title, seizures of drugs or containers or of equipment, punches, dies, plates, stones, label- ing, or other things, if they are, or he has rea- sonable grounds to believe that they are, sub- ject to seizure and condemnation under such section 334(a)(2). In the event of seizure pursu- ant to this paragraph (5), libel proceedings under section 334(a)(2) of this title shall be in- stituted promptly and the property seized be placed under the jurisdiction of the court. (June 25, 1938, ch. 675, § 702, 52 Stat. 1056; Pub. L. 87–781, title III, §§ 307(b), 308, Oct. 10, 1962, 76 Stat. 796; Pub. L. 89–74, § 8(a), July 15, 1965, 79 Stat. 234; Pub. L. 91–513, title II, § 701(f), Oct. 27, 1970, 84 Stat. 1282; Pub. L. 102–300, § 6(b)(2), June 16, 1992, 106 Stat. 240; Pub. L. 103–80, § 3(dd)(2), Aug. 13, 1993, 107 Stat. 779; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(12)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584; Pub. L. 107–188, title III, § 314, June 12, 2002, 116 Stat. 674; Pub. L. 111–31, div. A, title I, § 103(g), June 22, 2009, 123 Stat. 1837.) Editorial Notes AMENDMENTS 2009—Subsec. (a)(1). Pub. L. 111–31 designated existing provisions as subpar. (A) and added subpar. (B). 2002—Subsec. (a). Pub. L. 107–188 inserted ‘‘(1)’’ before ‘‘The Secretary is authorized to conduct’’, added par. (2), inserted ‘‘(3)’’ before ‘‘In the case of food packed’’, and substituted ‘‘(4) For the purposes of this sub- section,’’ for ‘‘For the purposes of this subsection’’. 1999—Subsec. (d). Pub. L. 106–113, in first sentence, substituted ‘‘Under Secretary of Commerce for Intel- lectual Property and Director of the United States Pat- ent and Trademark Office’’ for ‘‘Commissioner of Pat- ents’’ and ‘‘Director’’ for ‘‘Commissioner’’. 1993—Subsec. (c). Pub. L. 103–80 struck out ‘‘of Agri- culture’’ after ‘‘Department’’. 1992—Subsec. (c). Pub. L. 102–300, which directed the amendment of subsec. (c) by striking out ‘‘of Health, Education, and Welfare’’, could not be executed because such words did not appear in the original statutory text. See 1993 Amendment note above and Transfer of Functions note below. 1970—Subsec. (e). Pub. L. 91–513 struck out reference to depressant or stimulant drugs. 1965—Subsec. (e). Pub. L. 89–74 added subsec. (e). 1962—Subsec. (a). Pub. L. 87–781, § 307(b), inserted ‘‘the Commonwealth of Puerto Rico or’’ before ‘‘a Territory the Secretary’’. Subsec. (d). Pub. L. 87–781, § 308, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as an Effective Date note under section 801 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–74 effective July 15, 1965, see section 11 of Pub. L. 89–74, set out as a note under section 321 of this title. SAVINGS PROVISION Amendment by Pub. L. 91–513 not to affect or abate any prosecutions for any violation of law or any civil seizures or forfeitures and injunctive proceedings com- menced prior to the effective date of such amendment, and all administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs [now Drug Enforcement Administration] on Oct. 27, 1970, to be continued and brought to final determination in accord with laws and regulations in effect prior to Oct. 27, 1970, see section 702 of Pub. L. 91–513, set out as a note under section 321 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Admin- istrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see note set out under sec- tion 321 of this title. § 372a. Transferred Editorial Notes CODIFICATION Section, act June 25, 1938, ch. 675, § 702A, formerly June 30, 1906, ch. 3915, § 10A, as added June 22, 1934, ch. 712, 48 Stat. 1204, and amended, which related to exam- ination of sea food, was renumbered section 706 of act June 25, 1938, by Pub. L. 102–571, title I, § 106(3), Oct. 29, 1992, 106 Stat. 4498, and transferred to section 376 of this title. § 373. Records (a) In general For the purpose of enforcing the provisions of this chapter, carriers engaged in interstate com- merce, and persons receiving food, drugs, de- vices, tobacco products, or cosmetics in inter- state commerce or holding such articles so re- ceived, shall, upon the request of an officer or employee duly designated by the Secretary, per- mit 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 re- quested when such request is accompanied by a statement in writing specifying the nature or