---
kind: "section"
citation: "21 U.S.C. § 364f"
title: "21"
title_heading: "Food and Drugs"
number: "364f"
heading: "Records"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/364f"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter VI — Cosmetics"
---

# §364f. Records

- (a) **In general—** If the [Secretary](/usc/21/321.md?p=d) has a reasonable belief that a [cosmetic product](/usc/21/364.md?p=2), including an ingredient in such [cosmetic product](/usc/21/364.md?p=2), and any other [cosmetic product](/usc/21/364.md?p=2) that the [Secretary](/usc/21/321.md?p=d) reasonably believes is likely to be affected in a similar manner, is likely to be adulterated such that the use or exposure to such [product](/usc/21/360eee.md?p=13) presents a threat of serious adverse health consequences or death to humans, each [responsible person](/usc/21/364.md?p=4) and [facility](/usc/21/364.md?p=3-A) shall, at the request of an officer or employee duly designated by the [Secretary](/usc/21/321.md?p=d), permit such officer or employee, upon presentation of appropriate credentials and a written notice to such [person](/usc/21/321.md?p=e), at reasonable times and within reasonable limits and in a reasonable manner, to have access to and copy all records relating to such [cosmetic product](/usc/21/364.md?p=2), and to any other [cosmetic product](/usc/21/364.md?p=2) that the [Secretary](/usc/21/321.md?p=d) reasonably believes is likely to be affected in a similar manner, that are needed to assist the [Secretary](/usc/21/321.md?p=d) in determining whether the [cosmetic product](/usc/21/364.md?p=2) is adulterated and presents a threat of serious adverse health consequences or death to humans. This subsection shall not be construed to extend to recipes or formulas for [cosmetics](/usc/21/321.md?p=i), financial data, pricing data, personnel data (other than data as to qualification of technical and professional personnel performing functions subject to this chapter), research data (other than safety substantiation data for [cosmetic products](/usc/21/364.md?p=2) and their ingredients), or sales data (other than shipment data regarding sales).
- (b) **Rule of construction—** Nothing in this section shall be construed to limit the authority of the [Secretary](/usc/21/321.md?p=d) to inspect records or require establishment and maintenance of records under any other provision of this chapter, including section [364a](/usc/21/364a.md) or [364b](/usc/21/364b.md) of this title.

## Source credit

(June 25, 1938, ch. 675, § 610, as added Pub. L. 117–328, div. FF, title III, § 3502, Dec. 29, 2022, 136 Stat. 5855.)

## Notes

### Statutory Notes and Related Subsidiaries

### Construction; Confidentiality

Nothing in section 3502 of Pub. L. 117–328, which enacted this section, to be construed to authorize the disclosure of information that is prohibited from disclosure under section 331(j) of this title or section 1905 of title 18 or that is subject to withholding under section 552(b)(4) of title 5, see section 3503(c)(2) of Pub. L. 117–328, set out as a note under section 364 of this title.