21 U.S.C. § 880 : US Code - Section 880: Administrative inspections and warrants

Search 21 U.S.C. § 880 : US Code - Section 880: Administrative inspections and warrants

    (a) "Controlled premises" defined
      As used in this section, the term "controlled premises" means - 
        (1) places where original or other records or documents
      required under this subchapter are kept or required to be kept,
      and
        (2) places, including factories, warehouses, and other
      establishments, and conveyances, where persons registered under
      section 823 of this title (or exempt from registration under
      section 822(d) of this title or by regulation of the Attorney
      General) or regulated persons may lawfully hold, manufacture,
      distribute, dispense, administer, or otherwise dispose of
      controlled substances or listed chemicals or where records
      relating to those activities are maintained.
    (b) Grant of authority; scope of inspections
      (1) For the purpose of inspecting, copying, and verifying the
    correctness of records, reports, or other documents required to be
    kept or made under this subchapter and otherwise facilitating the
    carrying out of his functions under this subchapter, the Attorney
    General is authorized, in accordance with this section, to enter
    controlled premises and to conduct administrative inspections
    thereof, and of the things specified in this section, relevant to
    those functions.
      (2) Such entries and inspections shall be carried out through
    officers or employees (hereinafter referred to as "inspectors")
    designated by the Attorney General. Any such inspector, upon
    stating his purpose and presenting to the owner, operator, or agent
    in charge of such premises (A) appropriate credentials and (B) a
    written notice of his inspection authority (which notice in the
    case of an inspection requiring, or in fact supported by, an
    administrative inspection warrant shall consist of such warrant),
    shall have the right to enter such premises and conduct such
    inspection at reasonable times.
      (3) Except as may otherwise be indicated in an applicable
    inspection warrant, the inspector shall have the right - 
        (A) to inspect and copy records, reports, and other documents
      required to be kept or made under this subchapter;
        (B) to inspect, within reasonable limits and in a reasonable
      manner, controlled premises and all pertinent equipment, finished
      and unfinished drugs, listed chemicals, and other substances or
      materials, containers, and labeling found therein, and, except as
      provided in paragraph (4) of this subsection, all other things
      therein (including records, files, papers, processes, controls,
      and facilities) appropriate for verification of the records,
      reports, and documents referred to in clause (A) or otherwise
      bearing on the provisions of this subchapter; and
        (C) to inventory any stock of any controlled substance or
      listed chemical therein and obtain samples of any such substance
      or chemical.

      (4) Except when the owner, operator, or agent in charge of the
    controlled premises so consents in writing, no inspection
    authorized by this section shall extend to - 
        (A) financial data;
        (B) sales data other than shipment data; or
        (C) pricing data.
    (c) Situations not requiring warrants
      A warrant under this section shall not be required for the
    inspection of books and records pursuant to an administrative
    subpena issued in accordance with section 876 of this title, nor
    for entries and administrative inspections (including seizures of
    property) - 
        (1) with the consent of the owner, operator, or agent in charge
      of the controlled premises;
        (2) in situations presenting imminent danger to health or
      safety;
        (3) in situations involving inspection of conveyances where
      there is reasonable cause to believe that the mobility of the
      conveyance makes it impracticable to obtain a warrant;
        (4) in any other exceptional or emergency circumstance where
      time or opportunity to apply for a warrant is lacking; or
        (5) in any other situations where a warrant is not
      constitutionally required.
    (d) Administrative inspection warrants; issuance; execution;
      probable cause
      Issuance and execution of administrative inspection warrants
    shall be as follows:
        (1) Any judge of the United States or of a State court of
      record, or any United States magistrate judge, may, within his
      territorial jurisdiction, and upon proper oath or affirmation
      showing probable cause, issue warrants for the purpose of
      conducting administrative inspections authorized by this
      subchapter or regulations thereunder, and seizures of property
      appropriate to such inspections. For the purposes of this
      section, the term "probable cause" means a valid public interest
      in the effective enforcement of this subchapter or regulations
      thereunder sufficient to justify administrative inspections of
      the area, premises, building, or conveyance, or contents thereof,
      in the circumstances specified in the application for the
      warrant.
        (2) A warrant shall issue only upon an affidavit of an officer
      or employee having knowledge of the facts alleged, sworn to
      before the judge or magistrate judge and establishing the grounds
      for issuing the warrant. If the judge or magistrate judge is
      satisfied that grounds for the application exist or that there is
      probable cause to believe they exist, he shall issue a warrant
      identifying the area, premises, building, or conveyance to be
      inspected, the purpose of such inspection, and, where
      appropriate, the type of property to be inspected, if any. The
      warrant shall identify the items or types of property to be
      seized, if any. The warrant shall be directed to a person
      authorized under subsection (b)(2) of this section to execute it.
      The warrant shall state the grounds for its issuance and the name
      of the person or persons whose affidavit has been taken in
      support thereof. It shall command the person to whom it is
      directed to inspect the area, premises, building, or conveyance
      identified for the purpose specified, and, where appropriate,
      shall direct the seizure of the property specified. The warrant
      shall direct that it be served during normal business hours. It
      shall designate the judge or magistrate judge to whom it shall be
      returned.
        (3) A warrant issued pursuant to this section must be executed
      and returned within ten days of its date unless, upon a showing
      by the United States of a need therefor, the judge or magistrate
      judge allows additional time in the warrant. If property is
      seized pursuant to a warrant, the person executing the warrant
      shall give to the person from whom or from whose premises the
      property was taken a copy of the warrant and a receipt for the
      property taken or shall leave the copy and receipt at the place
      from which the property was taken. The return of the warrant
      shall be made promptly and shall be accompanied by a written
      inventory of any property taken. The inventory shall be made in
      the presence of the person executing the warrant and of the
      person from whose possession or premises the property was taken,
      if they are present, or in the presence of at least one credible
      person other than the person making such inventory, and shall be
      verified by the person executing the warrant. The judge or
      magistrate judge, upon request, shall deliver a copy of the
      inventory to the person from whom or from whose premises the
      property was taken and the applicant for the warrant.
        (4) The judge or magistrate judge who has issued a warrant
      under this section shall attach to the warrant a copy of the
      return and all papers filed in connection therewith and shall
      file them with the clerk of the district court of the United
      States for the judicial district in which the inspection was
      made.