|
|
| [Code of Federal Regulations] |
| [Title 21, Volume 8] |
| [CITE: 21CFR1230] |
TITLE 21--FOOD AND DRUGS CHAPTER I--FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER L - REGULATIONS UNDER CERTAIN OTHER ACTS ADMINISTERED BY THE FOOD AND DRUG ADMINISTRATION
| |
| PART 1230 | REGULATIONS UNDER THE FEDERAL CAUSTIC POISON ACT |
|
|
|
|
Subpart D - Administrative Procedures
|
|
Sec. 1230.30 Collection of samples.
|
|
Samples for examination by or under the direction and supervision of the Food and Drug Administration shall be collected by:
(a) An authorized agent in the employ of the Department of Health and Human Services;
(b) Any officer of any State, Territory, or possession, or of the District of Columbia, authorized by the Secretary of Health and Human Services.
|
|
|
Sec. 1230.31 Where samples may be collected.
|
|
Caustic or corrosive substances within the scope of this act (44 Stat. 1406; 15 U.S.C. 401-411) may be sampled wherever found.
|
|
|
Sec. 1230.32 Analyzing of samples.
|
|
Samples collected by an authorized agent shall be analyzed at the laboratory designated by the Food and Drug Administration. Only such samples as are collected in accordance with §§ 1230.30, 1230.31 may be analyzed by or under the direction and supervision of the Food and Drug Administration. Upon request one subdivision of the sample, if available, shall be delivered to the party or parties interested.
|
|
|
Sec. 1230.33 Investigations.
|
|
Authorized agents in the employ of the Department of Health and Human Services may make investigations, including the inspection of premises where dangerous caustic and corrosive substances subject to the act are manufactured, packed, stored, or held for sale or distribution, and make examinations of freight and other transportation records.
|
|
|
(a) The methods of examination or analysis employed shall be those prescribed by the Association of Official Agricultural Chemists, when applicable, provided, however, that any method of analysis or examination satisfactory to the Food and Drug Administration may be employed.
(b) All percentages stated in the definitions in section 2(a) of the Federal Caustic Poison Act shall be determined by weight.
|
|
|
Whenever it appears from the inspection, analysis, or test of any container that the provisions of section 3 or 6 of the Federal Caustic Poison Act (44 Stat. 1407, 1409; 15 U.S.C. 403, 406) have been violated and criminal proceedings are contemplated, notice shall be given to the party or parties against whom prosecution is under consideration and to other interested parties, and a date shall be fixed at which such party or parties may be heard. The hearing shall be held at the office of the Food and Drug Administration designated in the notice and shall be private and confined to questions of fact. The parties notified may present evidence, either oral or written, in person or by attorney, to show cause why the matter should not be referred for prosecution as a violation of the Federal Caustic Poison Act.
|
|
|
Sec. 1230.36 Hearings; when not provided for.
|
|
No hearing is provided for when the health, medical, or drug officer or agent of any State, Territory, or possession, or of the District of Columbia, acts under the authority contained in section 8 of the Federal Caustic Poison Act (44 Stat. 1409; 15 U.S.C. 408) in reporting a violation direct to the United States attorney.
|
|
|
Sec. 1230.37 Publication.
|
|
(a) After judgment of the court in any proceeding under the Federal Caustic Poison Act, notice shall be given by publication. Such notice shall include the findings of the court and may include the findings of the analyst and such explanatory statements of fact as the Secretary of Health and Human Services may deem appropriate.
(b) This publication may be made in the form of a circular, notice, or bulletin, as the Secretary of Health and Human Services may direct.
(c) If an appeal be taken from the judgment of the court before such publication, that fact shall appear.
|
|
|
Authority: 15 U.S.C. 1261-1276.
Source: 38 FR 32110, Nov. 20, 1973, unless otherwise noted.
|
