Page:United States Statutes at Large Volume 52.djvu/1098

 52 STAT.] 75TH CONG., 3D SESS.-CH. 675-JUNE 25, 1938 of this subsection the term "United States" means the States and the District of Columbia. (b) Where a sample of a food, drug, or cosmetic is collected for analysis under this Act the Secretary shall, upon request, provide a part of such official sample for examination or analysis by any person named on the label of the article, or the owner thereof, or his attorney or agent; except that the Secretary is authorized, by regulations, to make such reasonable exceptions from, and impose such reasonable terms and conditions relating to, the operation of this subsection as he finds necessary for the proper administration of the provisions of this Act. (c) For purposes of enforcement of this Act, records of any depart- ment or independent establishment in the executive branch of the Government shall be open to inspection by any official of the Depart- ment of Agriculture duly authorized by the Secretary to make such inspection. RECORDS OF INTERSTATE SHIPMENT SEC. 703. For the purpose of enforcing the provisions of this Act, carriers engaged in interstate commerce, and persons receiving food, drugs, devices, 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, 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 accom- panied by a statement in writing specifying the nature or kind of food, drug, device, or cosmetic to which such request relates: Pro- vided, That evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained: Pro- vided further, That carriers shall not be subject to the other provi- sions of this Act by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business as carriers. FACTORY INSPECTION SEC. 704. For purposes of enforcement of this Act, officers or employees duly designated by the Secretary, after first making request and obtaining permission of the owner, operator, or custo- dian thereof, are authorized (1) to enter, at reasonable times, anv factory, warehouse, or establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held, for intro- duction into interstate commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in interstate commerce; and (2) to inspect, at reasonable times, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished mate- rials, containers, and labeling therein. PUBLICITY SEC. 705. (a) The Secretary shall cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this Act, including the nature of the charge and the disposition thereof. 1057 Records of inter- state shipment. Access to carrier's, etc., records. Provisos. Use in certain crimi- nal prosecutions for- bidden. Waiver of other pro- visions. Factory inspection. Publicity. 36525°-.18-- -67

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