
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: 21USC880]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
            Part E--Administrative and Enforcement Provisions
 
Sec. 880. Administrative inspections and warrants


(a) ``Controlled premises'' defined

    As used in this section, the term ``controlled premises'' means--
        (1) places where original or other records or documents required 
    under this subchapter are kept or required to be kept, and
        (2) places, including factories, warehouses, and other 
    establishments, and conveyances, where persons registered under 
    section 823 of this title (or exempt from registration under section 
    822(d) of this title or by regulation of the Attorney General) or 
    regulated persons may lawfully hold, manufacture, distribute, 
    dispense, administer, or otherwise dispose of controlled substances 
    or listed chemicals or where records relating to those activities 
    are maintained.

(b) Grant of authority; scope of inspections

    (1) For the purpose of inspecting, copying, and verifying the 
correctness of records, reports, or other documents required to be kept 
or made under this subchapter and otherwise facilitating the carrying 
out of his functions under this subchapter, the Attorney General is 
authorized, in accordance with this section, to enter controlled 
premises and to conduct administrative inspections thereof, and of the 
things specified in this section, relevant to those functions.
    (2) Such entries and inspections shall be carried out through 
officers or employees (hereinafter referred to as ``inspectors'') 
designated by the Attorney General. Any such inspector, upon stating his 
purpose and presenting to the owner, operator, or agent in charge of 
such premises (A) appropriate credentials and (B) a written notice of 
his inspection authority (which notice in the case of an inspection 
requiring, or in fact supported by, an administrative inspection warrant 
shall consist of such warrant), shall have the right to enter such 
premises and conduct such inspection at reasonable times.
    (3) Except as may otherwise be indicated in an applicable inspection 
warrant, the inspector shall have the right--
        (A) to inspect and copy records, reports, and other documents 
    required to be kept or made under this subchapter;
        (B) to inspect, within reasonable limits and in a reasonable 
    manner, controlled premises and all pertinent equipment, finished 
    and unfinished drugs, listed chemicals, and other substances or 
    materials, containers, and labeling found therein, and, except as 
    provided in paragraph (4) of this subsection, all other things 
    therein (including records, files, papers, processes, controls, and 
    facilities) appropriate for verification of the records, reports, 
    and documents referred to in clause (A) or otherwise bearing on the 
    provisions of this subchapter; and
        (C) to inventory any stock of any controlled substance or listed 
    chemical therein and obtain samples of any such substance or 
    chemical.

    (4) Except when the owner, operator, or agent in charge of the 
controlled premises so consents in writing, no inspection authorized by 
this section shall extend to--
        (A) financial data;
        (B) sales data other than shipment data; or
        (C) pricing data.

(c) Situations not requiring warrants

    A warrant under this section shall not be required for the 
inspection of books and records pursuant to an administrative subpena 
issued in accordance with section 876 of this title, nor for entries and 
administrative inspections (including seizures of property)--
        (1) with the consent of the owner, operator, or agent in charge 
    of the controlled premises;
        (2) in situations presenting imminent danger to health or 
    safety;
        (3) in situations involving inspection of conveyances where 
    there is reasonable cause to believe that the mobility of the 
    conveyance makes it impracticable to obtain a warrant;
        (4) in any other exceptional or emergency circumstance where 
    time or opportunity to apply for a warrant is lacking; or
        (5) in any other situations where a warrant is not 
    constitutionally required.

(d) Administrative inspection warrants; issuance; execution; probable 
        cause

    Issuance and execution of administrative inspection warrants shall 
be as follows:
        (1) Any judge of the United States or of a State court of 
    record, or any United States magistrate judge, may, within his 
    territorial jurisdiction, and upon proper oath or affirmation 
    showing probable cause, issue warrants for the purpose of conducting 
    administrative inspections authorized by this subchapter or 
    regulations thereunder, and seizures of property appropriate to such 
    inspections. For the purposes of this section, the term ``probable 
    cause'' means a valid public interest in the effective enforcement 
    of this subchapter or regulations thereunder sufficient to justify 
    administrative inspections of the area, premises, building, or 
    conveyance, or contents thereof, in the circumstances specified in 
    the application for the warrant.
        (2) A warrant shall issue only upon an affidavit of an officer 
    or employee having knowledge of the facts alleged, sworn to before 
    the judge or magistrate judge and establishing the grounds for 
    issuing the warrant. If the judge or magistrate judge is satisfied 
    that grounds for the application exist or that there is probable 
    cause to believe they exist, he shall issue a warrant identifying 
    the area, premises, building, or conveyance to be inspected, the 
    purpose of such inspection, and, where appropriate, the type of 
    property to be inspected, if any. The warrant shall identify the 
    items or types of property to be seized, if any. The warrant shall 
    be directed to a person authorized under subsection (b)(2) of this 
    section to execute it. The warrant shall state the grounds for its 
    issuance and the name of the person or persons whose affidavit has 
    been taken in support thereof. It shall command the person to whom 
    it is directed to inspect the area, premises, building, or 
    conveyance identified for the purpose specified, and, where 
    appropriate, shall direct the seizure of the property specified. The 
    warrant shall direct that it be served during normal business hours. 
    It shall designate the judge or magistrate judge to whom it shall be 
    returned.
        (3) A warrant issued pursuant to this section must be executed 
    and returned within ten days of its date unless, upon a showing by 
    the United States of a need therefor, the judge or magistrate judge 
    allows additional time in the warrant. If property is seized 
    pursuant to a warrant, the person executing the warrant shall give 
    to the person from whom or from whose premises the property was 
    taken a copy of the warrant and a receipt for the property taken or 
    shall leave the copy and receipt at the place from which the 
    property was taken. The return of the warrant shall be made promptly 
    and shall be accompanied by a written inventory of any property 
    taken. The inventory shall be made in the presence of the person 
    executing the warrant and of the person from whose possession or 
    premises the property was taken, if they are present, or in the 
    presence of at least one credible person other than the person 
    making such inventory, and shall be verified by the person executing 
    the warrant. The judge or magistrate judge, upon request, shall 
    deliver a copy of the inventory to the person from whom or from 
    whose premises the property was taken and the applicant for the 
    warrant.
        (4) The judge or magistrate judge who has issued a warrant under 
    this section shall attach to the warrant a copy of the return and 
    all papers filed in connection therewith and shall file them with 
    the clerk of the district court of the United States for the 
    judicial district in which the inspection was made.

(Pub. L. 91-513, title II, Sec. 510, Oct. 27, 1970, 84 Stat. 1274; Pub. 
L. 101-647, title XXXV, Sec. 3599M, Nov. 29, 1990, 104 Stat. 4932; Pub. 
L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 
103-200, Sec. 6, Dec. 17, 1993, 107 Stat. 2339.)


                               Amendments

    1993--Subsec. (a)(2). Pub. L. 103-200, Sec. 6(1), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``places, 
including factories, warehouses, or other establishments, and 
conveyances, where persons registered under section 823 of this title 
(or exempted from registration under section 822(d) of this title) may 
lawfully hold, manufacture, or distribute, dispense, administer, or 
otherwise dispose of controlled substances.''
    Subsec. (b)(3)(B). Pub. L. 103-200, Sec. 6(2)(A), inserted ``, 
listed chemicals,'' after ``unfinished drugs''.
    Subsec. (b)(3)(C). Pub. L. 103-200, Sec. 6(2)(B), inserted ``or 
listed chemical'' after ``controlled substance'' and ``or chemical'' 
after ``such substance''.
    1990--Subsec. (b)(3)(B). Pub. L. 101-647 substituted ``paragraph 
(4)'' for ``paragraph (5)''.

                         Change of Name

    ``United States magistrate judge'' and ``magistrate judge'' 
substituted for ``United States magistrate'' and ``magistrate'', 
respectively, wherever appearing in subsec. (d) pursuant to section 321 
of Pub. L. 101-650, set out as a note under section 631 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-200 effective on date that is 120 days 
after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as a 
note under section 802 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 965 of this title.
