§ 2610. — Inspections and subpoenas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2610]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 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.
(Pub. L. 94-469, title I, Sec. 11, Oct. 11, 1976, 90 Stat. 2032;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100
Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(2), (3), Oct.
28, 1992, 106 Stat. 3923.)
Amendments
1992--Subsec. (a). Pub. L. 102-550, Sec. 1021(b)(2), in first
sentence, substituted ``substances, mixtures, or products subject to
subchapter IV of this chapter'' for ``substances or mixtures'' and
inserted ``such products,'' before ``or such articles''.
Subsec. (b)(1). Pub. L. 102-550, Sec. 1021(b)(3), substituted
``chemical substances, mixtures, or products subject to subchapter IV of
this chapter'' for ``chemical substances or mixtures''.
Section Referred to in Other Sections
This section is referred to in section 2614 of this title.
