In general
For the purpose of enforcing the provisions of this chapter, carriers engaged in interstate commerce, and persons receiving food, drugs, devices, tobacco products, or cosmetics in interstate commerce or holding such articles so received, shall, upon the request of an officer or employee duly designated by the Secretary, permit 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 requested when such request is accompanied by a statement in writing specifying the nature or kind of food, drug, device, tobacco product, or cosmetic to which such request relates, except that evidence obtained under this section, or any evidence which is directly or indirectly derived from such evidence, shall not be used in a criminal prosecution of the person from whom obtained, and except that carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, tobacco products, or cosmetics in the usual course of business as carriers, except as provided in subsection (b).
Food transportation records
section 350e of this titlesection 350e(c)(1)(E) of this titleA shipper, carrier by motor vehicle or rail vehicle, receiver, or other person subject to shall, on request of an officer or employee designated by the Secretary, permit the officer or employee, at reasonable times, to have access to and to copy all records that the Secretary requires to be kept under .
June 25, 1938, ch. 675, § 70352 Stat. 1057Pub. L. 91–452, title II, § 23084 Stat. 930Pub. L. 103–80, § 3(z)107 Stat. 778Pub. L. 109–59, title VII, § 7202(c)119 Stat. 1913Pub. L. 111–31, div. A, title I, § 103(h)123 Stat. 1837(, ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 111–312009—Subsec. (a). inserted “tobacco product,” after “device,” in two places and “tobacco products,” after “devices,” in two places.
Pub. L. 109–592005— struck out “of interstate shipment” after “Records” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, substituted “carriers, except as provided in subsection (b)” for “carriers” before period at end, and added subsec. (b).
Pub. L. 103–80ProvidedProvided further1993— substituted “, except that” for “: , That” and “, and except that” for “: , That”.
Pub. L. 91–4521970— 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 2005 Amendment
Pub. L. 109–59section 7204 of Pub. L. 109–59section 331 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–452section 260 of Pub. L. 91–452section 6001 of Title 18Amendment by effective on sixtieth day following , and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following , see , set out as an Effective Date; Savings Provision note under , Crimes and Criminal Procedure.
Executive Documents
Transfer of Functions
section 321 of this titleFor transfer of functions of Federal Security Administrator 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 notes set out under .