Title 15 — Commerce and Trade
Chapter 30 — Hazardous Substances
§ 1270. Examinations and investigations
Statutory text
Authority to conduct
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.
Inspection; notice; samples
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.
Receipt for sample; results of analysis
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Federal Hazardous Substances Labeling Act
Pub. L. 86–613 § 11 · 74 Stat. 372
Enacted · 15 U.S.C. § 1270
Pub. L. 86–613, § 11, July 12, 1960, 74 Stat. 378
Source evidence
Code source credit
Pub. L. 86–613, § 11, July 12, 1960, 74 Stat. 378Enacted provision · exact public law section
Sec. 11. examinations and investigations (a) The Secretary is authorized to conduct examinations, inspections, and investigations for the purposes of this Act through officers and employees of the Department or through any health officer or employee of any State, territory, or political subdivision thereof, duly commissioned by the Secretary as an officer of the Department. (b) For purposes of enforcement of this Act, officers or employees duly designated by the Secretary, 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.Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 204(b)(4)(B) · 122 Stat. 3016
Substituted · 15 U.S.C. § 1270(a)
Pub. L. 110–314, § 204(b)(4)(B), (C), substituted “Commission is authorized” for “Secretary is authorized”
Substituted · 15 U.S.C. § 1270(a)
Pub. L. 110–314, § 204(b)(4)(B), (C), substituted “employees of the Commission” for “employees of the Department”
Substituted · 15 U.S.C. § 1270(a)
Pub. L. 110–314, § 204(b)(4)(B), (C), substituted “commissioned by the Commission” for “commissioned by the Secretary”
Substituted · 15 U.S.C. § 1270(a)
Pub. L. 110–314, § 204(b)(4)(B), (C), substituted “officer of the Commission” for “officer of the Department”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(B) by striking “Secretary” each place it appears and inserting “Commission” except— (i) in section 10(b) (15 U.S.C. 1269(b)); (ii) in section 14 (15 U.S.C. 1273); and (iii) in section 21(a) (15 U.S.C. 1276(a));Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 § 204(b)(4)(B) · 122 Stat. 3016
Substituted · 15 U.S.C. § 1270(b)
Pub. L. 110–314, § 204(b)(4)(B), substituted “Commission” for “Secretary”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–314, § 204(b)(4)(B), substituted “Commission” for “Secretary”.Enacted provision · exact public law section
(B) by striking “Secretary” each place it appears and inserting “Commission” except— (i) in section 10(b) (15 U.S.C. 1269(b)); (ii) in section 14 (15 U.S.C. 1273); and (iii) in section 21(a) (15 U.S.C. 1276(a));
6 of 6 references resolved to an enrolled provision
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”.
Credits
1960–2008 · 2 acts
- 1960Pub. L. 86–613, § 11, , 74 Stat. 378
- 2008Pub. L. 110–314, title II, § 204(b)(4)(B), (C), , 122 Stat. 3041, 3042.
Show as published
(Pub. L. 86–613, § 11, , 74 Stat. 378; Pub. L. 110–314, title II, § 204(b)(4)(B), (C), , 122 Stat. 3041, 3042.)