21 U.S.C. § 344 : US Code - Section 344: Emergency permit control

Search 21 U.S.C. § 344 : US Code - Section 344: Emergency permit control

(a) Conditions on manufacturing, processing, etc., as health
measure
Whenever the Secretary finds after investigation that the
distribution in interstate commerce of any class of food may, by
reason of contamination with micro-organisms during the
manufacture, processing, or packing thereof in any locality, be
injurious to health, and that such injurious nature cannot be
adequately determined after such articles have entered interstate
commerce, he then, and in such case only, shall promulgate
regulations providing for the issuance, to manufacturers,
processors, or packers of such class of food in such locality, of
permits to which shall be attached such conditions governing the
manufacture, processing, or packing of such class of food, for such
temporary period of time, as may be necessary to protect the public
health; and after the effective date of such regulations, and
during such temporary period, no person shall introduce or deliver
for introduction into interstate commerce any such food
manufactured, processed, or packed by any such manufacturer,
processor, or packer unless such manufacturer, processor, or packer
holds a permit issued by the Secretary as provided by such
regulations.
(b) Violation of permit; suspension and reinstatement
The Secretary is authorized to suspend immediately upon notice
any permit issued under authority of this section if it is found
that any of the conditions of the permit have been violated. The
holder of a permit so suspended shall be privileged at any time to
apply for the reinstatement of such permit, and the Secretary
shall, immediately after prompt hearing and an inspection of the
establishment, reinstate such permit if it is found that adequate
measures have been taken to comply with and maintain the conditions
of the permit, as originally issued or as amended.
(c) Inspection of permit-holding establishments
Any officer or employee duly designated by the Secretary shall
have access to any factory or establishment, the operator of which
holds a permit from the Secretary, for the purpose of ascertaining
whether or not the conditions of the permit are being complied
with, and denial of access for such inspection shall be ground for
suspension of the permit until such access is freely given by the
operator.