82 1 this Aet, the Secretary is authorized to appoint an advisory 2 committee from each of the following groups: The food 3 industry, the drug industry, the cosmetie industry, ereaters 4 and/or disseminators of advertising, the public. The 5 Secretary is further authorized to accept plans for such self6 regulation of advertising and/or trade practices as will aid in 7 securing compliance with the requirements of this Act, when 8 presented by associations or groups representative of their 9 industries: Provided, That nothing in this paragraph shall be construed as restricting the responsibilities and powers conferred upon the Secretary by this Act. 10 11 12 13 14 15 19 EXAMINATIONS AND INVESTIGATIONS SEC. 705 703. (a) The Secretary is authorized to con duct examinations and investigations for the purposes of this Act through officers and employees of the Department or 16 through any health, food, or drug officer or employee of any 17 State, Territory, or political subdivision thereof, duly com18 missioned by the Secretary as an officer of the Department. In the case of food packed in a Territory or possession of the United States the Secretary, shall attempt to make 21 inspection of such food at the first point of entry within the territorial limits of the United States when, in his 23 opinion and with due regard to the enforcement of all the 24 provisions of this Act, the facilities at his disposal will permit 25 of such inspection. 20 22 1 33 (b) Where a sample of a food, drug, or cosmetic is col2 lected for analysis under this Act the Secretary shall, upon re3 quest, provide a part of such official sample for examination or 4 analysis by any person named on the label of the article; 5 except that the Secretary is authorized, by regulations, to 6 make such reasonable exceptions from, and impose such terms and conditions relating to, the operation of this sentence as he deems necessary for the effectuation of the purposes of this Act. 7 8 9 10 12 (c) For purposes of enforcement of this Act, records 11 kept by the Treasury Department in accordance with laws, and regulations thereunder, relating to alcoholic beverages and medicinal liquors shall be open to inspection by any 14 official of the Department of Agriculture duly authorized 15 by the Secretary of Agriculture to make such inspection. 13 16 17 18 19 RECORDS OF INTERSTATE SHIPMENT SEC. 706 704. For the purpose of enforcing the provisions of this Act, carriers engaged in interstate commerce, and persons receiving food, drugs, devices, or cosmetics in 20 interstate commerce, shall, upon the request of an officer or employee duly designated by the Secretary, permit such officer or employce, at reasonable times, to have access to and 21 22 23 to copy all records showing the movement in interstate com24 merce of any food, drug, device, or cosmetic, and the quan25 tity, shipper, and consignee thereof; and it shall be unlawful 1 for 34 any such carrier or person to fail to permit such access to 2 and copying of any such record so requested when such re 3 quest is accompanied by a definite statement in writing 4 specifying the nature or kind of food, drug, device, or cos 5 metic to which such request relates: Provided, That evidence 6 obtained under this section shall not be used in a criminal 7 prosecution of the person from whom obtained: Provided S further, That carriers shall not be subject to the other pro9 visions of this Act by reason of their receipt, carriage, or 10 delivery of food, drugs, devices, cosmetics or advertis11 ing matter in the usual course of business as carriers: Previded further, That whenever in the opinion of the Seere13 tary it is practical, he shall attempt to make the objective 14 inspection of food packed in a Territory or possession of 15 the United States at the first point of entry within the ter 16 ritorial limits of the United States. 12 17 18 FACTORY INSPECTION SEC. 707 705. In order to prevent interstate commerce 19 in adulterated or misbranded food, drugs, devices, or eos20 meties for the purposes of safeguarding the public health and 21 preventing deceit upon the purchasing publie For purposes 22 of enforcement of this Act, officers, officers or employees duly designated by the Secretary, after first making reasonable 24 request and obtaining permission of the owner, operator, or custodian thereof, are authorized (1) to enter, at rea 23 25 35 1 sonable times, any factory, warehouse, or establishment in 2 which food, drugs, devices, or cosmetics are manufactured, 3 processed, packed, or held for shipment in interstate com 4 merce or are held after such shipment, or to enter any 5 vehicle being used to transport such food, drugs, devices, 6 7 8 or cosmetics in interstate commerce; and (2) to inspect, at reasonable times, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfin9 ished materials, containers, and labeling therein. Any such owner, operator, or custodian who refuses such reasonable 10 11 12 request shall be guilty of a misdemeanor and shall on conviction thereof, be subject to the penalties prescribed by 13 section 708 706 (b) of this Act. 14 15 16 17 PROHIBITED ACTS AND PENALTIES SEC. 708 706. (a) The following acts and the causing thereof are hereby prohibited: (1) The introduction or delivery for introduction into 18 interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded. 19 20 (2) The adulteration or misbranding of any food, 21 drug, device, or cosmetic in interstate commerce. · 22 (3) The receipt in interstate commerce of any food, 23 drug, device, or cosmetic that is adulterated or misbranded, 24 and the delivery or proffered delivery thereof in the original 25 unbroken package for pay or otherwise. 1 2 3 4 5 6 7 36 (4) The dissemination of any false advertisement by United States mails, or in interstate commerce by radiobroadcast or otherwise, for the purpose of inducing, directly or indirectly, the purchase of food, drugs, devices, or cos metics. (5) The dissemination of a false advertisement by any means for the purpose of inducing, directly or indirectly, the 8 purchase of food, drugs, devices, or cosmetics, in inter 9 10 11 12 13 14 state commerce. (6) The introduction into interstate commerce of any food if the manufacturer, processor, or packer does not hold un unsuspended valid permit when so required by regulations under section 303 in violation of section 306. (7) The refusal to permit access to or copying of any 15 record as required by section 706 704. 16 17 18 19 (8) The forging Forging, counterfeiting, simulating, or falsely representing, or without proper authority using, any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the 20 provisions of section 305 306. 21 22 (9) The using by any person to his own advantage, or revealing, other than to the Secretary or his officers or em23 ployees of the Department, or to the courts when relevant 24 in the trial of my ense any judicial proceeding under this 25 Act, any information acquired under authority of sections |