§ 344. — Emergency permit control.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC344]
TITLE 21--FOOD AND DRUGS
CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER IV--FOOD
Sec. 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.
(June 25, 1938, ch. 675, Sec. 404, 52 Stat. 1048.)
Transfer of Functions
For transfer of functions of Federal Security Administrator to
Secretary of Health, Education, and Welfare [now Health and Human
Services], and of Food and Drug Administration in the Department of
Agriculture to Federal Security Agency, see note set out under section
41 of this title.
Section Referred to in Other Sections
This section is referred to in sections 331, 333, 334, 371 of this
title.
