---
kind: "section"
citation: "21 U.S.C. § 372"
title: "21"
title_heading: "Food and Drugs"
number: "372"
heading: "Examinations and investigations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/372"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter VII — General Authority"
  - "Part A — General Administrative Provisions"
---

# §372. Examinations and investigations

- (a) **Authority to conduct—**
  - (1)
    - (A) The [Secretary](/usc/21/321.md?p=d) is [authorized](/usc/21/360eee.md?p=2) to conduct examinations and investigations for the purposes of this chapter through officers and employees of the [Department](/usc/21/321.md?p=c) or through any health, [food](/usc/21/321.md?p=f), or [drug](/usc/21/321.md?p=g-1) officer or employee of any [State](/usc/21/321.md?p=a-1), [Territory](/usc/21/321.md?p=a-2), or political subdivision thereof, duly commissioned by the [Secretary](/usc/21/321.md?p=d) as an officer of the [Department](/usc/21/321.md?p=c).
    - (B)
      - (i) For a [tobacco product](/usc/21/321.md?p=rr-1), to the extent feasible, the [Secretary](/usc/21/321.md?p=d) shall contract with the [States](/usc/21/321.md?p=a-1) in accordance with this paragraph to carry out inspections of retailers within that [State](/usc/21/321.md?p=a-1) in connection with the enforcement of this chapter.
      - (ii) The [Secretary](/usc/21/321.md?p=d) shall not enter into any contract under [clause (i)](#a-1-B-i) with the government of any of the several [States](/usc/21/321.md?p=a-1) to exercise enforcement authority under this chapter on Indian country without the express written consent of the Indian tribe involved.
  - (2)
    - (A) In addition to the authority established in [paragraph (1)](#a-1), the [Secretary](/usc/21/321.md?p=d), pursuant to a memorandum of understanding between the [Secretary](/usc/21/321.md?p=d) and the head of another Federal [department](/usc/21/321.md?p=c) or agency, is [authorized](/usc/21/360eee.md?p=2) to conduct examinations and investigations for the purposes of this chapter through the officers and employees of such other [department](/usc/21/321.md?p=c) or agency, subject to [subparagraph (B)](#a-2-B). Such a memorandum shall include provisions to ensure adequate training of such officers and employees to conduct the examinations and investigations. The memorandum of understanding shall contain provisions regarding reimbursement. Such provisions may, at the sole discretion of the head of the other [department](/usc/21/321.md?p=c) or agency, require reimbursement, in whole or in part, from the [Secretary](/usc/21/321.md?p=d) for the examinations or investigations performed under this section by the officers or employees of the other [department](/usc/21/321.md?p=c) or agency.
    - (B) A memorandum of understanding under [subparagraph (A)](#a-2-A) between the [Secretary](/usc/21/321.md?p=d) and another Federal [department](/usc/21/321.md?p=c) or agency is effective only in the case of examinations or inspections at [facilities](/usc/21/364.md?p=3-A) or other locations that are jointly regulated by the [Secretary](/usc/21/321.md?p=d) and such [department](/usc/21/321.md?p=c) or agency.
    - (C) For any fiscal year in which the [Secretary](/usc/21/321.md?p=d) and the head of another Federal [department](/usc/21/321.md?p=c) or agency carries out one or more examinations or inspections under a memorandum of understanding under [subparagraph (A)](#a-2-A), the [Secretary](/usc/21/321.md?p=d) and the head of such [department](/usc/21/321.md?p=c) or agency shall with respect to their respective [departments](/usc/21/321.md?p=c) or agencies submit to the committees of jurisdiction (authorizing and appropriating) in the House of Representatives and the Senate a report that provides, for such year—
      - (i) the number of officers or employees that carried out one or more programs, projects, or activities under such memorandum;
      - (ii) the number of additional articles that were inspected or examined as a result of such memorandum; and
      - (iii) the number of additional examinations or investigations that were carried out pursuant to such memorandum.
  - (3) In the case of [food](/usc/21/321.md?p=f) packed in the Commonwealth of Puerto Rico or a [Territory](/usc/21/321.md?p=a-2) the [Secretary](/usc/21/321.md?p=d) shall attempt to make inspection of such [food](/usc/21/321.md?p=f) at the first point of entry within the United States when, in his opinion and with due regard to the enforcement of all the provisions of this chapter, the [facilities](/usc/21/364.md?p=3-A) at his disposal will permit of such inspection.
  - (4) For the purposes of this subsection, the term “United States” means the [States](/usc/21/321.md?p=a-1) and the District of Columbia.
- (b) **Availability to owner of part of analysis samples—** Where a sample of a [food](/usc/21/321.md?p=f), [drug](/usc/21/321.md?p=g-1), or [cosmetic](/usc/21/321.md?p=i) is collected for analysis under this chapter the [Secretary](/usc/21/321.md?p=d) shall, upon request, provide a part of such official sample for examination or analysis by any [person](/usc/21/321.md?p=e) named on the [label](/usc/21/321.md?p=k) of the article, or the owner thereof, or his attorney or agent; except that the [Secretary](/usc/21/321.md?p=d) is [authorized](/usc/21/360eee.md?p=2), by regulations, to make such reasonable exceptions from, and impose such reasonable terms and conditions relating to, the operation of this subsection as he finds necessary for the proper administration of the provisions of this chapter.
- (c) **Records of other departments and agencies—** For purposes of enforcement of this chapter, records of any [department](/usc/21/321.md?p=c) or independent establishment in the executive branch of the Government shall be open to inspection by any official of the [Department](/usc/21/321.md?p=c) duly [authorized](/usc/21/360eee.md?p=2) by the [Secretary](/usc/21/321.md?p=d) to make such inspection.
- (d) **Information on patents for drugs—** The [Secretary](/usc/21/321.md?p=d) is [authorized](/usc/21/360eee.md?p=2) and directed, upon request from the Under [Secretary](/usc/21/321.md?p=d) of [Commerce](/usc/21/360hh.md?p=4) for Intellectual Property and Director of the United States Patent and Trademark Office, to furnish full and complete information with respect to such questions relating to [drugs](/usc/21/321.md?p=g-1) as the Director may submit concerning any patent application. The [Secretary](/usc/21/321.md?p=d) is further [authorized](/usc/21/360eee.md?p=2), upon receipt of any such request, to conduct or cause to be conducted, such research as may be required.
- (e) **Powers of enforcement personnel—** Any officer or employee of the [Department](/usc/21/321.md?p=c) designated by the [Secretary](/usc/21/321.md?p=d) to conduct examinations, investigations, or inspections under this chapter relating to [counterfeit drugs](/usc/21/321.md?p=g-2) may, when so [authorized](/usc/21/360eee.md?p=2) by the [Secretary](/usc/21/321.md?p=d)—
  - (1) carry firearms;
  - (2) execute and serve search warrants and arrest warrants;
  - (3) execute seizure by process issued pursuant to libel under [section 334 of this title](/usc/21/334.md);
  - (4) make arrests without warrant for offenses under this chapter with respect to such [drugs](/usc/21/321.md?p=g-1) if the offense is committed in his presence or, in the case of a felony, if he has probable cause to believe that the [person](/usc/21/321.md?p=e) so arrested has committed, or is committing, such offense; and
  - (5) make, prior to the institution of libel proceedings under [section 334(a)(2) of this title](/usc/21/334.md?p=a-2), seizures of [drugs](/usc/21/321.md?p=g-1) or containers or of equipment, punches, dies, plates, stones, [labeling](/usc/21/321.md?p=m), or other things, if they are, or he has reasonable grounds to believe that they are, subject to seizure and condemnation under such [section 334(a)(2)](/usc/21/334.md?p=a-2). In the event of seizure pursuant to this [paragraph (5)](#e-5), libel proceedings under [section 334(a)(2) of this title](/usc/21/334.md?p=a-2) shall be instituted promptly and the property seized be placed under the jurisdiction of the court.

## Source credit

(June 25, 1938, ch. 675, § 702, 52 Stat. 1056; Pub. L. 87–781, title III, §§ 307(b), 308, Oct. 10, 1962, 76 Stat. 796; Pub. L. 89–74, § 8(a), July 15, 1965, 79 Stat. 234; Pub. L. 91–513, title II, § 701(f), Oct. 27, 1970, 84 Stat. 1282; Pub. L. 102–300, § 6(b)(2), June 16, 1992, 106 Stat. 240; Pub. L. 103–80, § 3(dd)(2), Aug. 13, 1993, 107 Stat. 779; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(12)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584; Pub. L. 107–188, title III, § 314, June 12, 2002, 116 Stat. 674; Pub. L. 111–31, div. A, title I, § 103(g), June 22, 2009, 123 Stat. 1837.)

## Notes

### Editorial Notes

### Amendments

2009—Subsec. (a)(1). Pub. L. 111–31 designated existing provisions as subpar. (A) and added subpar. (B).

2002—Subsec. (a). Pub. L. 107–188 inserted “(1)” before “The Secretary is authorized to conduct”, added par. (2), inserted “(3)” before “In the case of food packed”, and substituted “(4) For the purposes of this subsection,” for “For the purposes of this subsection”.

1999—Subsec. (d). Pub. L. 106–113, in first sentence, substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents” and “Director” for “Commissioner”.

1993—Subsec. (c). Pub. L. 103–80 struck out “of Agriculture” after “Department”.

1992—Subsec. (c). Pub. L. 102–300, which directed the amendment of subsec. (c) by striking out “of Health, Education, and Welfare”, could not be executed because such words did not appear in the original statutory text. See 1993 Amendment note above and Transfer of Functions note below.

1970—Subsec. (e). Pub. L. 91–513 struck out reference to depressant or stimulant drugs.

1965—Subsec. (e). Pub. L. 89–74 added subsec. (e).

1962—Subsec. (a). Pub. L. 87–781, § 307(b), inserted “the Commonwealth of Puerto Rico or” before “a Territory the Secretary”.

Subsec. (d). Pub. L. 87–781, § 308, added subsec. (d).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

### Effective Date of 1970 Amendment

Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as an Effective Date note under section 801 of this title.

### Effective Date of 1965 Amendment

Amendment by Pub. L. 89–74 effective July 15, 1965, see section 11 of Pub. L. 89–74, set out as a note under section 321 of this title.

### Savings Provision

Amendment by Pub. L. 91–513 not to affect or abate any prosecutions for any violation of law or any civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of such amendment, and all administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs [now Drug Enforcement Administration] on Oct. 27, 1970, to be continued and brought to final determination in accord with laws and regulations in effect prior to Oct. 27, 1970, see section 702 of Pub. L. 91–513, set out as a note under section 321 of this title.

### Executive Documents

### 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 321 of this title.