§ 2610. Inspections and subpoenas

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.

1. 1976

   Toxic Substances Control Act

   Pub. L. 94–469 title I § 11 · 90 Stat. 2003

   Enacted · 15 U.S.C. § 2610

   Pub. L. 94–469, title I, § 11, Oct. 11, 1976, 90 Stat. 2032

   Source evidence

   Code source credit
   Pub. L. 94–469, title I, § 11, Oct. 11, 1976, 90 Stat. 2032

   Enacted provision · exact public law section
   SEC. 11. INSPECTIONS AND SUBPOENAS. (a) In General.— For purposes of administering this Act, the Administrator, and any duly designated representative of the Administrator, may inspect any establishment, facility, or other premises in which chemical substances or mixtures are manufactured, processed, stored, or held before or after their distribution in commerce and any conveyance being used to transport chemical substances, mixtures, or Notice. 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) Scope.— (1) Except as provided in paragraph (2k an inspection conducted under subsection (a) shall extend to alt things within the premises or conveyance inspected (including records, files, papers, processes, controls, and facilities) bearing on whether the requirements of this Act applicable to the chemical substances or mixtures within such premises or conveyance have been complied with. (2) No inspection under subsection (a) shall extend to— (A) financial data, (B) sales data (other than shipment data), (C) pricing data, (D) personnel data, or (E) research data (other than data required by this Act or under a rule promulgated thereunder), unless the nature and extent of such data are described with reasonable specificity in the written notice required by subsection (a) for such inspection. (c) Subpoenas.— In carrying out this Act, 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.

2. 1992

   Lead-Based Paint Exposure Reduction Act

   Pub. L. 102–550 § 1021(b)(2) · 106 Stat. 3672

   1. Substituted · 15 U.S.C. § 2610(a)

      Pub. L. 102–550, § 1021(b)(2), in first sentence, substituted “substances, mixtures, or products subject to subchapter IV” for “substances or mixtures”

   2. Inserted · 15 U.S.C. § 2610(a)

      Pub. L. 102–550, § 1021(b)(2), in first sentence, inserted “such products,” before “or such articles”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) In the first sentence of subsection (a) of section 11: 15 USC 2612. (A) Strike “or mixtures” before “are manufactured” and insert“, mixtures, or products subject to title IV”. (B) Insert “such products,” before “or such articles”.

3. 1992

   Lead-Based Paint Exposure Reduction Act

   Pub. L. 102–550 § 1021(b)(3) · 106 Stat. 3672

   Substituted · 15 U.S.C. § 2610(b)(1)

   Pub. L. 102–550, § 1021(b)(3), substituted “chemical substances, mixtures, or products subject to subchapter IV” for “chemical substances or mixtures”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (3) In paragraph (1) of subsection (b) of section 11, strike “or mixtures” and insert “, mixtures, or products subject to tide IV”.

4. 2016

   Frank R. Lautenberg Chemical Safety for the 21st Century Act

   Pub. L. 114–182 § 19(j)(1) · 130 Stat. 448

   Substituted · 15 U.S.C. § 2610(b)(2)

   Pub. L. 114–182, § 19(j)(1), substituted “information” for “data” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 114–182, § 19(j)(1), substituted “information” for “data” wherever appearing.

   Enacted provision · exact public law section
   (1) by striking “data” each place it appears and inserting “information”; and

5. 2016

   Frank R. Lautenberg Chemical Safety for the 21st Century Act

   Pub. L. 114–182 § 19(j)(2) · 130 Stat. 448

   Substituted · 15 U.S.C. § 2610(b)(2)(E)

   Pub. L. 114–182, § 19(j)(2), substituted “rule promulgated, order issued, or consent agreement entered into” for “rule promulgated”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(E). Pub. L. 114–182, § 19(j)(2), substituted “rule promulgated, order issued, or consent agreement entered into” for “rule promulgated”.

   Enacted provision · exact public law section
   (2) in subparagraph (E), by striking “rule promulgated” and inserting “rule promulgated, order issued, or consent agreement entered into”.

6 of 6 references resolved to an enrolled provision