§1270 — Title 15 Commerce and Trade | U.S. Code

Summary

The Commission can do inspections and investigations using its own staff or state health workers it appoints. Inspectors must show ID and give a written notice to the owner, operator, or agent in charge before entering, at reasonable times, any factory, warehouse, establishment, or vehicle that makes, packs, stores, or transports hazardous substances in interstate commerce. Inspectors may check equipment, materials, and labels and may take samples. Each separate inspection needs its own notice, but not a new notice for every entry during that inspection. Inspections must start and finish promptly. If samples are taken, the inspector must give a written receipt before leaving and must promptly give any test results to the owner, operator, or agent in charge.

Title 15, §1270

Commerce and Trade — Source: USLM XML via OLRC

(a)The Commission is authorized to conduct examinations, inspections, and investigations for the purposes of this chapter through officers and employees of the Commission or through any health officer or employee of any State, territory, or political subdivision thereof, duly commissioned by the Commission as an officer of the Commission.

(b)For purposes of enforcement of this chapter, officers or employees duly designated by the Commission, 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 hazardous substances 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 hazardous substances in interstate commerce; (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, and labeling therein; and (3) to obtain samples of such materials or packages thereof, or of such labeling. 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 inspection. Each such inspection shall be commenced and completed with reasonable promptness.

(c)If the officer or employee obtains any sample, prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If an analysis is made of such sample, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–314, § 204(b)(4)(B), (C), substituted “Commission is authorized” for “Secretary is authorized”, “employees of the Commission” for “employees of the Department”, “commissioned by the Commission” for “commissioned by the Secretary”, and “officer of the Commission” for “officer of the Department”. Subsec. (b). Pub. L. 110–314, § 204(b)(4)(B), substituted “Commission” for “Secretary”.

§1270 Examinations and investigations

Summary

Title 15, §1270

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata