
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC372]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                    SUBCHAPTER VII--GENERAL AUTHORITY
 
                Part A--General Administrative Provisions
 
Sec. 372. Examinations and investigations


(a) Authority to conduct

    The Secretary is authorized to conduct examinations and 
investigations for the purposes of this chapter through officers and 
employees of the Department or through any health, food, or drug officer 
or employee of any State, Territory, or political subdivision thereof, 
duly commissioned by the Secretary as an officer of the Department. In 
the case of food packed in the Commonwealth of Puerto Rico or a 
Territory the Secretary shall attempt to make inspection of such food at 
the first point of entry within the United States when, in his opinion 
and with due regard to the enforcement of all the provisions of this 
chapter, the facilities at his disposal will permit of such inspection. 
For the purposes of this subsection the term ``United States'' means the 
States and the District of Columbia.

(b) Availability to owner of part of analysis samples

    Where a sample of a food, drug, or cosmetic is collected for 
analysis under this chapter 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 
chapter.

(c) Records of other departments and agencies

    For purposes of enforcement of this chapter, records of any 
department or independent establishment in the executive branch of the 
Government shall be open to inspection by any official of the Department 
duly authorized by the Secretary to make such inspection.

(d) Information on patents for drugs

    The Secretary is authorized and directed, upon request from the 
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office, to furnish full and 
complete information with respect to such questions relating to drugs as 
the Director may submit concerning any patent application. The Secretary 
is further authorized, upon receipt of any such request, to conduct or 
cause to be conducted, such research as may be required.

(e) Powers of enforcement personnel

    Any officer or employee of the Department designated by the 
Secretary to conduct examinations, 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 arrest warrants;
        (3) execute seizure by process issued pursuant to libel under 
    section 334 of this title;
        (4) make arrests without warrant for offenses under this chapter 
    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 334(a)(2) of this title, 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 
    334(a)(2). In the event of seizure pursuant to this paragraph (5), 
    libel proceedings under section 334(a)(2) of this title shall be 
    instituted promptly and the property seized be placed under the 
    jurisdiction of the court.

(June 25, 1938, ch. 675, Sec. 702, 52 Stat. 1056; Pub. L. 87-781, title 
III, Secs. 307(b), 308, Oct. 10, 1962, 76 Stat. 796; Pub. L. 89-74, 
Sec. 8(a), July 15, 1965, 79 Stat. 234; Pub. L. 91-513, title II, 
Sec. 701(f), Oct. 27, 1970, 84 Stat. 1282; Pub. L. 102-300, 
Sec. 6(b)(2), June 16, 1992, 106 Stat. 240; Pub. L. 103-80, 
Sec. 3(dd)(2), Aug. 13, 1993, 107 Stat. 779; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title IV, Sec. 4732(b)(12)], Nov. 29, 1999, 113 Stat. 
1536, 1501A-584.)


                               Amendments

    1999--Subsec. (d). Pub. L. 106-113, in first sentence, substituted 
``Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office'' for ``Commissioner of 
Patents'' and ``Director'' for ``Commissioner''.
    1993--Subsec. (c). Pub. L. 103-80 struck out ``of Agriculture'' 
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, Sec. 307(b), inserted ``the 
Commonwealth of Puerto Rico or'' before ``a Territory the Secretary''.
    Subsec. (d). Pub. L. 87-781, Sec. 308, added subsec. (d).


                    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, Sec. 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 commenced 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.

                          Transfer of Functions

    For 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 note set out under section 
41 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 321 of this title.
