
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC373]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                    SUBCHAPTER VII--GENERAL AUTHORITY
 
                Part A--General Administrative Provisions
 
Sec. 373. Records of interstate shipment

    For the purpose of enforcing the provisions of this chapter, 
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 accompanied by a statement 
in writing specifying the nature or kind of food, drug, device, 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, or 
cosmetics in the usual course of business as carriers.

(June 25, 1938, ch. 675, Sec. 703, 52 Stat. 1057; Pub. L. 91-452, title 
II, Sec. 230, Oct. 15, 1970, 84 Stat. 930; Pub. L. 103-80, Sec. 3(z), 
Aug. 13, 1993, 107 Stat. 778.)


                               Amendments

    1993--Pub. L. 103-80 substituted ``, except that'' for ``: Provided, 
That'' and ``, and except that'' for ``: Provided further, That''.
    1970--Pub. L. 91-452 inserted ``, or any evidence which is directly 
or indirectly derived from such evidence,'' after ``under this 
section''.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 
15, 1970, 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 Oct. 15, 1970, see section 260 of Pub. L. 91-452, 
set out as an Effective Date; Savings Provision note under section 6001 
of Title 18, Crimes and Criminal Procedure.

                          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 331 of this title.
