Page:United States Statutes at Large Volume 90 Part 1.djvu/632

 90 STAT. 582

PUBLIC LAW 94-295—MAY 28, 1976 ADMINISTRATIVE RESTRAINT

21 USC 334. Detention. 21 USC 374.

21 USC 332. Regulations.

Appeal.

21 USC 331.

SEC. 7. (a) Section 304 is amended by adding at the end the following new subsection: ",(g)(1) If during an inspection conducted under section 704 of a facility or a vehicle, a device which the officer or employee making the inspection has reason to believe is adulterated or misbranded is found in such facility or vehicle, such officer or employee may order the device detained (in accordance with regulations prescribed by the Secretary) for a reasonable period which may not exceed twenty days unless the Secretary determines that a period of detention greater than twenty days is required to institute an action under subsection (a) or section 302, in which case he may authorize a detention period of not to exceed thirty days. Regulations of the Secretary prescribed under this paragraph shall require that before a device may be ordered detained under this paragraph the Secretary or an officer or employee designated by the Secretary approve such order. A detention order under this paragraph may require the labeling or marking of a device during the period of its detention for the purpose of identifying the device as detained. Any person who would be entitled to claim a device if it were seized under subsection (a) may appeal to the Secretary a detention of such device under this paragraph. Within five days of the date an appeal of a detention is filed with the Secretary, the Secretary shall after affording opportunity for an informal hearing by order confirm the detention or revoke it. "(2)(A) Except as authorized by subparagraph (B), a device subject to a detention order issued under paragraph (1) shall not be moved by any person from the place at which it is ordered detained until— " (i) released by the Secretary, or "(ii) the expiration of the detention period applicable to such order, whichever occurs first. "(B) A device subject to a detention order under paragraph (1) may be moved— "(i) in accordance with regulations prescribed by the Secretary, and "(ii) if not in final form for shipment, at the discretion of the manufacturer of the device for the purpose of completing the work required to put it in such form.". (b) Section 301 is amended by adding after the paragraph added by section 3(b)(1) the following new paragraph: "(r) The movement of a device in violation of an order under section 304(g) or the removal or alteration of any mark or label required by the order to identify the device as detained.". CONFIDENTIAL INFORMATION; PRESUMPTION

SEC. 8. Chapter 7 is amended by adding at the end the following new sections: " C O N F I D E N T I A L INFORMATION

21 USC 379.

"SEC. 708. The Secretary may provide any information which is exempt from disclosure pursuant to subsection (a) of section 552 of title 5, United States Code, by reason of subsection (b)(4) of such section to a person other than an officer or employee of the Department if the Secretary determines such other person requires the information in connection with an activity which is undertaken under contract with the Secretary, which relates to the administration of this Act, and with

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