§ 373. Records

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. 1938

   Pub. L. 75–675 § 703 · 52 Stat. 1040

   Enacted · 21 U.S.C. § 373

   June 25, 1938, ch. 675, § 703, 52 Stat. 1057

   Source evidence

   Code source credit
   June 25, 1938, ch. 675, § 703, 52 Stat. 1057

   Enacted provision · exact public law section
   Sec. 703. records of interstate shipment For the purpose of enforcing the provisions of this Act, Access to carrier’s, etc., records. carriers engaged in interstate commerce, and persons receiving food, drugs, devices, or cosmetics in interstate commerce or holding such articles so received, shall, upon the request of an officer or employee duly designated by the Secretary, permit such officer or employee, at reasonable times, to have access to and to copy all records showing the movement in interstate commerce of any food, drug, device, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it shall be unlawful for any such carrier or person to fail to permit such access to and copying of any such record so requested when such request is accompanied by a statement in writing specifying the nature or kind of food, drug, device, or cosmetic to which such request relates: Provided, Provisos. Use in certain criminal prosecutions forbidden. That evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained: Provided further, That carriers shall not be subject to the other provisions Waiver of other provisions. of this Act by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business as carriers.

2. 1970

   Organized Time Control Act of 1970

   Pub. L. 91–452 title II § 230 · 84 Stat. 922

   Inserted · 21 U.S.C. § 373

   Pub. L. 91–452 inserted “, or any evidence which is directly or indirectly derived from such evidence,” after “under this section”

   Source evidence

   Code amendment note
   Pub. L. 91–452 inserted “, or any evidence which is directly or indirectly derived from such evidence,” after “under this section”.

   Enacted provision · exact public law section
   Sec. 230. The first proviso of section 703 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1057; 21 U.S.C. § 373), is amended by inserting after “section” the following language: “, or any evidence which is directly or indirectly derived from such evidence,”.

3. 1993

   Nutrition Labeling and Education Act Amendments of 1993

   Pub. L. 103–80 § 3(z) · 107 Stat. 773

   1. Substituted · 21 U.S.C. § 373

      Pub. L. 103–80 substituted “, except that” for “: Provided, That”

   2. Substituted · 21 U.S.C. § 373

      Pub. L. 103–80 substituted “, and except that” for “: Provided further, That”

   Source evidence

   Code amendment note
   Pub. L. 103–80 substituted “, except that” for “: Provided, That” and “, and except that” for “: Provided further, That”.

   Enacted provision · exact public law section
   (z) Section 703.— Section 703 (21 U.S.C. 373) is amended— (1) by striking out “: Provided, That” and inserting in lieu thereof “, except that”, and (2) by striking out “: Provided further, That” and inserting in lieu thereof “, and except that”.

4. 2005

   Sanitary Food Transportation Act of 2005

   Pub. L. 109–59 title VII § 7202(c) · 119 Stat. 1144

   1. Struck · 21 U.S.C. § 373

      Pub. L. 109–59 struck out “of interstate shipment” after “Records” in section catchline

   2. Amended · 21 U.S.C. § 373

      Pub. L. 109–59 designated existing provisions as subsec. (a)

   3. Inserted · 21 U.S.C. § 373

      Pub. L. 109–59 inserted subsec. heading

   4. Substituted · 21 U.S.C. § 373

      Pub. L. 109–59 substituted “carriers, except as provided in subsection (b)” for “carriers” before period at end

   5. Added · 21 U.S.C. § 373

      Pub. L. 109–59 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 109–59 struck out “of interstate shipment” after “Records” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, substituted “carriers, except as provided in subsection (b)” for “carriers” before period at end, and added subsec. (b).

   Enacted provision · exact public law section
   (c) Inspection of Transportation Records.— (1) Requirement.— Section 703 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 373) is amended— (A) by striking the section heading and all that follows through “For the purpose” and inserting the following: “SEC. 703. RECORDS. “(a) In General.— For the purpose” ; and (B) by adding at the end the following: “(b) Food Transportation Records.— A shipper, carrier by motor vehicle or rail vehicle, receiver, or other person subject to section 416 shall, on request of an officer or employee designated by the Secretary, permit the officer or employee, at reasonable times, to have access to and to copy all records that the Secretary requires to be kept under section 416(c)(1)(E).” . (2) Conforming amendment.— Subsection (a) of section 703 of the Federal Food, Drug, and Cosmetic Act (as designated by paragraph (1)(A)) is amended by striking “carriers.” and inserting “carriers, except as provided in subsection (b).”.

   Effective date note
   Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 7204 of Pub. L. 109–59, set out as a note under section 331 of this title.

5. 2009

   Family Smoking Prevention and Tobacco Control Act

   Pub. L. 111–31 div. A title I § 103(h) · 123 Stat. 1776

   Inserted · 21 U.S.C. § 373(a)

   Pub. L. 111–31 inserted “tobacco product,” after “device,” in two places and “tobacco products,” after “devices,” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–31 inserted “tobacco product,” after “device,” in two places and “tobacco products,” after “devices,” in two places.

   Enacted provision · exact public law section
   (h) Section 703.— Section 703 (21 U.S.C. 373) is amended— (1) by inserting “tobacco product,” after the term “device,” each place such term appears; and (2) by inserting “tobacco products,” after the term “devices,” each place such term appears.

10 of 10 references resolved to an enrolled provision