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

Summary

The Commission can carry out examinations, inspections, and investigations. It can use its own staff or officially appoint state or local health workers to help. After showing ID and giving written notice to the owner, operator, or person in charge, authorized staff may enter at reasonable times any place or vehicle where hazardous substances are made, packed, stored for shipment, or moved across state lines. They may inspect equipment, materials, products, and labels and take samples. One written notice is needed for each inspection (not for each re‑entry during that inspection). Inspections must start and finish promptly. If samples are taken, the person in charge gets a receipt before staff leave, and any test results are given promptly.

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