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Title 21 — Food and DrugsRelease 119-73

§373 Records

Title 21 › Chapter CHAPTER 9— - FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER VII— - GENERAL AUTHORITY › Part Part A— - General Administrative Provisions › § 373

Last updated Apr 6, 2026|Official source

Summary

Carriers and anyone who receives or holds food, drugs, devices, tobacco products, or cosmetics that move between states must let an officer or employee the Secretary names look at and copy records about how those items moved or were held. The officer must come at reasonable times and must give a written statement saying what kind of product the request covers. It is illegal to refuse when that written description is given. Records or evidence gotten under this rule cannot be used to criminally prosecute the person who provided them. Carriers are not otherwise treated as violators of this chapter just for doing normal shipping, except as below. A shipper, a motor or rail carrier, a receiver, or anyone covered by section 350e must also let the Secretary’s designee inspect and copy the specific records that section 350e(c)(1)(E) requires them to keep.

Full Legal Text

Title 21, §373

Food and Drugs — Source: USLM XML via OLRC

(a)For the purpose of enforcing the provisions of this chapter, carriers engaged in interstate commerce, and persons receiving food, drugs, devices, tobacco products, or cosmetics in interstate commerce or holding such articles so received, shall, upon the request of an officer or employee duly designated by the Secretary, permit such officer or employee, at reasonable times, to have access to and to copy all records showing the movement in interstate commerce of any food, drug, device, tobacco product, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it shall be unlawful for any such carrier or person to fail to permit such access to and copying of any such record so requested when such request is accompanied by a statement in writing specifying the nature or kind of food, drug, device, tobacco product, or cosmetic to which such request relates, except that evidence obtained under this section, or any evidence which is directly or indirectly derived from such evidence, shall not be used in a criminal prosecution of the person from whom obtained, and except that carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, tobacco products, or cosmetics in the usual course of business as carriers, except as provided in subsection (b).
(b)A shipper, carrier by motor vehicle or rail vehicle, receiver, or other person subject to section 350e of this title shall, on request of an officer or employee designated by the Secretary, permit the officer or employee, at reasonable times, to have access to and to copy all records that the Secretary requires to be kept under section 350e(c)(1)(E) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (a). Pub. L. 111–31 inserted “tobacco product,” after “device,” in two places and “tobacco products,” after “devices,” in two places. 2005—Pub. L. 109–59 struck out “of interstate shipment” after “Records” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, substituted “carriers, except as provided in subsection (b)” for “carriers” before period at end, and added subsec. (b). 1993—Pub. L. 103–80 substituted “, except that” for “: Provided, That” and “, and except that” for “: Provided further, That”. 1970—Pub. L. 91–452 inserted “, or any evidence which is directly or indirectly derived from such evidence,” after “under this section”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 7204 of Pub. L. 109–59, set out as a note under section 331 of this title.

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an

Savings Provision

note under section 6001 of Title 18, Crimes and Criminal Procedure.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title.

Reference

Citations & Metadata

Citation

21 U.S.C. § 373

Title 21 — Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73