15 U.S.C. § 2610 : US Code - Section 2610: Inspections and subpoenas

Search 15 U.S.C. § 2610 : US Code - Section 2610: Inspections and subpoenas

(a) In general
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
of this chapter 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) Scope
(1) Except as provided in paragraph (2), an inspection conducted
under subsection (a) of this section 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 of this
chapter within such premises or conveyance have been complied with.
(2) No inspection under subsection (a) of this section 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 chapter 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) of this section for such inspection.
(c) Subpoenas
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.
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