§2610 — Title 15 Commerce and Trade | U.S. Code

Summary

The Administrator or a designated representative may inspect places and vehicles where covered chemicals are made, processed, stored, held, or moved for sale. They must show ID and give written notice to the owner, operator, or person in charge before the inspection. A separate notice is needed for each inspection, but they do not need a new notice every time they step in during that inspection. Inspections must start and finish without unnecessary delay and be done at reasonable times and in a reasonable way. Inspections can look at anything on the site that relates to following the law, including records, processes, controls, and facilities. They cannot go through financial records, sales data (except shipment records), pricing, personnel files, or research information unless the law, a rule, an order, or a consent agreement requires that research information. The Administrator can also issue subpoenas to require people to testify or to produce documents. Witnesses get the same pay and travel money as in federal courts, and a federal court can force compliance and punish refusal as contempt.

Title 15, §2610

Commerce and Trade — Source: USLM XML via OLRC

(a)For purposes of administering this chapter, the Administrator, and any duly designated representative of the Administrator, may inspect any establishment, facility, or other premises in which chemical substances, mixtures, or products subject to subchapter IV are manufactured, processed, stored, or held before or after their distribution in commerce and any conveyance being used to transport chemical substances, mixtures, such products, or such articles in connection with distribution in commerce. Such an inspection may only be made upon the presentation of appropriate credentials and of a written notice to the owner, operator, or agent in charge of the premises or conveyance to be inspected. 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 and shall be conducted at reasonable times, within reasonable limits, and in a reasonable manner.

(b)(1)Except as provided in paragraph (2), an inspection conducted under subsection (a) shall extend to all things within the premises or conveyance inspected (including records, files, papers, processes, controls, and facilities) bearing on whether the requirements of this chapter applicable to the chemical substances, mixtures, or products subject to subchapter IV within such premises or conveyance have been complied with.

(2)No inspection under subsection (a) shall extend to—

(A)financial information,

(B)sales information (other than shipment information),

(C)pricing information,

(D)personnel information, or

(E)research information (other than information required by this chapter or under a rule promulgated, order issued, or consent agreement entered into thereunder),

(c)In carrying out this chapter, the Administrator may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to questions, and other information that the Administrator deems necessary. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In the event of contumacy, failure, or refusal of any person to obey any such subpoena, any district court of the United States in which venue is proper shall have jurisdiction to order any such person to comply with such subpoena. Any failure to obey such an order of the court is punishable by the court as a contempt thereof.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (b)(2). Pub. L. 114–182, § 19(j)(1), substituted “information” for “data” wherever appearing. Subsec. (b)(2)(E). Pub. L. 114–182, § 19(j)(2), substituted “rule promulgated, order issued, or consent agreement entered into” for “rule promulgated”. 1992—Subsec. (a). Pub. L. 102–550, § 1021(b)(2), in first sentence, substituted “substances, mixtures, or products subject to subchapter IV” for “substances or mixtures” and inserted “such products,” before “or such articles”. Subsec. (b)(1). Pub. L. 102–550, § 1021(b)(3), substituted “chemical substances, mixtures, or products subject to subchapter IV” for “chemical substances or mixtures”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

§2610 Inspections and Subpoenas