(a) Authority to conductThe 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) Inspection; notice; samplesFor 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) Receipt for sample; results of analysisIf 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.
(Pub. L. 86–613, § 11, July 12, 1960, 74 Stat. 378; Pub. L. 110–314, title II, § 204(b)(4)(B), (C), Aug. 14, 2008, 122 Stat. 3041, 3042.)
Editorial Notes
Amendments2008—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”.