Notices of Judgment Under the Federal Food, Drug, and Cosmetic Act: Drugs and devices, Edições 8041-8080;Edições 8241-8280

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U.S. Government Printing Office, 1965
 

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Página 408 - Price : $175.00 a year (Individual volumes separately priced) The CODE OF FEDERAL REGULATIONS is a codification of rules and regulations issued by the administrative agencies of the Federal Government. Regulatory material published in the federal Register is keyed to the Code of Federal Regulations, which is published under 50 titles, pursuant to section 11 of the Federal Register Act, as amended.
Página 518 - 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.
Página 518 - Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held, for introduction into interstate commerce or are held after such introduction...
Página 518 - It has been expressly held time and again in tax evasion and other criminal cases that it is not essential to the admissibility of statements secured by officers of the law from a defendant that he should be first warned that the information might be used against him in a criminal case, provided that it was voluntarily and understandingly given.
Página 518 - No constitutional right is violated by a statute, an ordinance or a regulation providing for the inspection of places of business dealing with drugs or foods during business hours.
Página 517 - The Secretary is authorized to conduct examina-tions and investigations for the purposes of this Act through officers and employees of the Department or through any health, food, or drug officer or employee of any State, Territory, or political sub-division thereof, duly commissioned by the Secretary as an Officer of the Department.
Página 517 - Department. (b) For purposes of enforcement of this Act, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge...
Página 518 - Defendants' position that duress existed rests primarily upon the fact that the inspectors introduced and identified themselves as Government agents before making their requests for information. That fact alone under the circumstances of this case is not sufficient to constitute duress. In the absence of any threats, intimidation or force, incriminating matter turned over to law enforcement officials by an accused may be used in evidence against him.
Página 517 - ... inclusive, or sections 4721 to 4726, inclusive, shall be construed to impair, alter, amend, or repeal any of the provisions of the act approved February 9, 1909, entitled "An Act to prohibit the importation and use of opium for other than medicinal purposes'
Página 518 - A second obstacle must be hurdled. The circumstances under which the consent was given must be examined to determine whether it was voluntary or coerced. Upon this point the burden remains upon the Government to prove by clear and convincing evidence that the consent to the search was free and voluntary.

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