§372 Examinations and investigations

Summary

The Secretary can order inspections and investigations to enforce the law. The work can be done by Department staff or by state, territorial, or local health, food, or drug officers who the Secretary officially appoints. For tobacco, the Secretary should, when possible, hire states to inspect sellers in that state, but cannot let a state enforce the law on Indian country without the tribe’s written OK. The Secretary may also work with other federal agencies under written agreements that require training and may include payment rules. Those agreements apply only where both agencies share regulatory authority. Each year those agencies must report to Congress how many people worked under the agreement, how many extra items were inspected, and how many extra inspections took place. The Secretary should try to inspect food coming from Puerto Rico or a Territory at the first U.S. entry point when facilities allow. A sample sent for testing must, on request, have a portion given to the person named on the label, the owner, or their lawyer or agent, though the Secretary can set reasonable exceptions and rules. Government records in other executive departments must be open to authorized Department inspectors. The Secretary must also give the Patent Office any drug information it requests and do related research if needed. Officers the Secretary assigns to deal with counterfeit drugs can be given special powers when authorized. They may carry guns, serve and execute search and arrest warrants, seize items by court process, arrest without a warrant if an offense happens in their presence or they have probable cause for a felony, and seize suspect items before court proceedings if those items are likely subject to seizure. If items are seized, court action must follow quickly and the court will control the property.