-CITE-
21 USC Sec. 880 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part E - Administrative
and Enforcement Provisions
-HEAD-
Sec. 880. Administrative
inspections and warrants
-STATUTE-
(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.
-SOURCE-
(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.)
-MISC1-
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-
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.
-MISC4-
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.
-SECREF-
SECTION REFERRED TO IN OTHER
SECTIONS
This section is referred
to in section 965 of this title.
previous
| TOC | next |