--- kind: "section" citation: "21 U.S.C. § 373" title: "21" title_heading: "Food and Drugs" number: "373" heading: "Records" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/21/373" units: - "Chapter 9 — Federal Food, Drug, and Cosmetic Act" - "Subchapter VII — General Authority" - "Part A — General Administrative Provisions" --- # §373. Records - (a) **In general—** For the purpose of enforcing the provisions of this chapter, carriers engaged in [interstate commerce](/usc/21/321.md?p=b), and [persons](/usc/21/321.md?p=e) receiving [food](/usc/21/321.md?p=f), [drugs](/usc/21/321.md?p=g-1), [devices](/usc/21/321.md?p=h-1), [tobacco products](/usc/21/321.md?p=rr-1), or [cosmetics](/usc/21/321.md?p=i) in [interstate commerce](/usc/21/321.md?p=b) or holding such articles so received, shall, upon the request of an officer or employee duly designated by the [Secretary](/usc/21/321.md?p=d), permit such officer or employee, at reasonable times, to have access to and to copy all records showing the movement in [interstate commerce](/usc/21/321.md?p=b) of any [food](/usc/21/321.md?p=f), [drug](/usc/21/321.md?p=g-1), [device](/usc/21/321.md?p=h-1), [tobacco product](/usc/21/321.md?p=rr-1), or [cosmetic](/usc/21/321.md?p=i), or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it shall be unlawful for any such carrier or [person](/usc/21/321.md?p=e) to fail to permit such access to and copying of any such record so requested when such request is accompanied by a statement in writing specifying the nature or kind of [food](/usc/21/321.md?p=f), [drug](/usc/21/321.md?p=g-1), [device](/usc/21/321.md?p=h-1), [tobacco product](/usc/21/321.md?p=rr-1), or [cosmetic](/usc/21/321.md?p=i) to which such request relates, except that evidence obtained under this section, or any evidence which is directly or indirectly derived from such evidence, shall not be used in a criminal prosecution of the [person](/usc/21/321.md?p=e) from whom obtained, and except that carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of [food](/usc/21/321.md?p=f), [drugs](/usc/21/321.md?p=g-1), [devices](/usc/21/321.md?p=h-1), [tobacco products](/usc/21/321.md?p=rr-1), or [cosmetics](/usc/21/321.md?p=i) in the usual course of business as carriers, except as provided in [subsection (b)](#b). - (b) **Food transportation records—** A shipper, carrier by motor vehicle or rail vehicle, receiver, or other [person](/usc/21/321.md?p=e) subject to [section 350e of this title](/usc/21/350e.md) shall, on request of an officer or employee designated by the [Secretary](/usc/21/321.md?p=d), permit the officer or employee, at reasonable times, to have access to and to copy all records that the [Secretary](/usc/21/321.md?p=d) requires to be kept under [section 350e(c)(1)(E) of this title](/usc/21/350e.md?p=c-1-E). ## Source credit (June 25, 1938, ch. 675, § 703, 52 Stat. 1057; Pub. L. 91–452, title II, § 230, Oct. 15, 1970, 84 Stat. 930; Pub. L. 103–80, § 3(z), Aug. 13, 1993, 107 Stat. 778; Pub. L. 109–59, title VII, § 7202(c), Aug. 10, 2005, 119 Stat. 1913; Pub. L. 111–31, div. A, title I, § 103(h), June 22, 2009, 123 Stat. 1837.) ## Notes ### Editorial Notes ### Amendments 2009—Subsec. (a). Pub. L. 111–31 inserted “tobacco product,” after “device,” in two places and “tobacco products,” after “devices,” in two places. 2005—Pub. L. 109–59 struck out “of interstate shipment” after “Records” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, substituted “carriers, except as provided in subsection (b)” for “carriers” before period at end, and added subsec. (b). 1993—Pub. L. 103–80 substituted “, except that” for “: Provided, That” and “, and except that” for “: Provided further, That”. 1970—Pub. L. 91–452 inserted “, or any evidence which is directly or indirectly derived from such evidence,” after “under this section”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2005 Amendment Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 7204 of Pub. L. 109–59, set out as a note under section 331 of this title. ### Effective Date of 1970 Amendment Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. ### 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 notes set out under section 321 of this title.