Page:United States Statutes at Large Volume 79.djvu/274

 234

PUBLIC LAW 89-74-JULY 15, 1965

[79 STAT.

POWERS A N D PROTECTION OF ENFORCEMENT PERSONNEL,

^g52^stau^i^056;

21 USC 334.

Ante, p. 232.

^g^s^stat^^721;

52 Stat. 1040. 21 USC 301.

SEC. 8. (a) Section 702 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372) is amended by adding at the end thereof the following new subsection: "(e) Any officer or employee of the Department designated by the Secretary to conduct examinations, investigations, or inspections under this Act relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the Secretary— " (1) carry firearms; " (2) execute and serve search warrants and arrest warrants; "(3) execute seizure by process issued pursuant to libel under section 304; " (4) make arrests without warrant for offenses under this Act with respect to such drugs if the offense is committed in his presence or, in the case of a felony, if he has probable cause to believe that the person so arrested has committed, or is committing, such offense; and "(5) make, prior to the institution of libel proceedings under section 304(a)(2), seizures of drugs or containers or of equipment, punches, dies, plates, stones, labeling, or other things, if they are, or he has reasonable grounds to believe that they are, subject to seizure and condemnation under such section 304(a)(2). I n the event of seizure pursuant to this paragraph (5), libel proceedings under section 304(a)(2) shall be instituted promptly and the property seized be placed under the jurisdiction of the court." (b) Section 1114 of title 18 of the United States Code is amended by striking out "or any security officer of the Department of State or the Foreign Service" and by inserting in lieu thereof the following: "any security officer of the Department of State or the Foreign Service, or any officer or employee of the Department of Health, Education, and Welfare designated by the Secretary of Health, Education, and Welfare to conduct investigations or inspections under the Federal Food, Drug, aud Cosmetic Act". ®' C O U N T E R F E I T I N G OF DRUGS

21 USC 352.

SEC. 9. (a) The Congress finds and declares that there is a substantial traffic in counterfeit drugs simulating the brand or other identifying mark or device of the manufacturer of the genuine article; that such traffic poses a serious hazard to the health of innocent consumers of such drugs because of the lack of proper qualifications, facilities, and manufacturing controls on the part of the counterfeiter, whose operations are clandestine; that, while such drugs are deemed misbranded within the meaning of section 502(i) of the Federal Food, Drug, and Cosmetic Act, the controls for the suppression of the traffic in such drugs are inadequate because of the difficulty of determining the place of interstate origin of such drugs and, if that place is discovered, the fact that the implements for counterfeiting are not subject to seizure, and that these factors require enactment of additional controls with respect to such drugs without regard to their interstate or intrastate origins. (b) Paragraph (g) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 tJ.S.C. 321) is amended (1) by inserting " (1) " immediately after " (g) ", (2) by redesignating clauses (1), (2), (3), and (4) thereof as clauses (A), (B), (C), and (D), respectively, (3) by striking out "clause (1), (2), or (3) " and inserting in lieu

�