67 S T A T. ]
P U B U C LAW 217-AUG. 7, 1953
477
"FACTTOEY INSPECTION
"SEC. 704. (a) For purposes of enforcement of this Act, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held, for introduction into interstate commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in interstate commerce; and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspectioji. Each such inspection shall be commenced and completed with reasonable promptness. "(b) Upon completion of any such inspection of a factory, warehouse, or other establishment, and prior to leaving the premises, the officer or employee making the inspection shall give to the owner, operator, or agent in charge a report in writing setting forth any conditions or practices observed by him which, in his judgment, indicate that any food, drug, device, or cosmetic in such establishment (1) consists in whole or in part of any filthy, putrid, or decomposed substance, or (2) has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health. A copy of such report shall be sent promptly to the Secretary. "(c) If the officer or employee making any such inspection of a factory, warehouse, or other establishment has obtained any sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. " (d) Whenever in the course of any such inspection of a factory or other establishment where food is manufactured, processed, or pacKed, the officer or employee making the inspection obtains a sample of any such food, and an analysis is made of such sample for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge." SEC. 2. Section 301 of such Act (21 U.S.C. sec. 331) is amended by ^2 Stat. io42. adding at the end thereof the following new paragraph: " (n) The using, in labeling, advertising or other sales promotion of or^anai°*8il^°'*" any reference to any report or analysis furnished in compliance with °' °"° ^^^^' section 704." SEC. 3. Section 304(c) of such Act (21 U.S.C. sec. 334) is amended ^2 Stat. io45. to read as follows: "(c) The court at any time after seizure up to a reasonable time seized goods. before trial shall by order allow any party to a condemnation proceed- Sample. ing, his attorney or agent, to obtain a representative sample of the article seized and a true copy of the analysis, if any, on which the proceeding is based and the identifying marks or numbers, if any, of the packages from which the samples analyzed were obtained." Approved August 7, 1953. 27000 O - 53 - 33
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