Availability to owner of part of analysis samples
Where a sample of a food, drug, or cosmetic is collected for analysis under this chapter the Secretary shall, upon request, provide a part of such official sample for examination or analysis by any person named on the label of the article, or the owner thereof, or his attorney or agent; except that the Secretary is authorized, by regulations, to make such reasonable exceptions from, and impose such reasonable terms and conditions relating to, the operation of this subsection as he finds necessary for the proper administration of the provisions of this chapter.
Information on patents for drugs
The Secretary is authorized and directed, upon request from the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, to furnish full and complete information with respect to such questions relating to drugs as the Director may submit concerning any patent application. The Secretary is further authorized, upon receipt of any such request, to conduct or cause to be conducted, such research as may be required.
Powers of enforcement personnel
Any officer or employee of the Department designated by the Secretary to conduct examinations, investigations, or inspections under this chapter relating to counterfeit drugs may, when so authorized by the Secretary—
execute and serve search warrants and arrest warrants;
make arrests without warrant for offenses under this chapter with respect to such drugs if the offense is committed in his presence or, in the case of a felony, if he has probable cause to believe that the person so arrested has committed, or is committing, such offense; and
make, prior to the institution of libel proceedings under section 334(a)(2) of this title
, seizures of drugs or containers or of equipment, punches, dies, plates, stones, labeling, or other things, if they are, or he has reasonable grounds to believe that they are, subject to seizure and condemnation under such section 334(a)(2). In the event of seizure pursuant to this paragraph (5), libel proceedings under section 334(a)(2) of this title
shall be instituted promptly and the property seized be placed under the jurisdiction of the court.
[June 25, 1938, ch. 675, § 702], [52 Stat. 1056]; [Pub. L. 87–781, title III], §§ 307(b), 308, Oct. 10, 1962, [76 Stat. 796]; [Pub. L. 89–74, § 8(a)], July 15, 1965, [79 Stat. 234]; [Pub. L. 91–513, title II, § 701(f)], Oct. 27, 1970, [84 Stat. 1282]; [Pub. L. 102–300, § 6(b)(2)], June 16, 1992, [106 Stat. 240]; [Pub. L. 103–80, § 3(dd)(2)], Aug. 13, 1993, [107 Stat. 779]; [Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(12)]], Nov. 29, 1999, [113 Stat. 1536], 1501A–584; [Pub. L. 107–188, title III, § 314], June 12, 2002, [116 Stat. 674]; [Pub. L. 111–31, div. A, title I, § 103(g)], June 22, 2009, [123 Stat. 1837].)