§876. Subpenas — Inbound Citations

Code of Federal Regulations Citations

Cited by 3 regulations in the Code of Federal Regulations.

• 21 C.F.R. § 1316.07 — Requirement for administrative inspection warrant; exceptions.

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  In all cases where an inspection is contemplated, an administrative inspection warrant is required pursuant to section 510 of the Act (21 U.S.C. 880), except that such warrant shall not be required for establishments applying for initial registration under the Act, for the inspection of books and records pursuant to an administrative subpoena issued in accordance with section 506 of the Act (21 U.S.C. 876) nor for entries in administrative inspections (including seizures of property):

• 28 C.F.R. § 76.18(b)(5) — Authority of the Judge.

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  (5) Issue subpoenas in accordance with 21 U.S.C. 875 and 876 requiring the attendance of witnesses and the production of documents at dispositions or at hearings;

• 28 C.F.R. § 76.23(a) — Subpoenas.

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  (a) Requests for the issuance of subpoenas requiring the attendance and testimony of witnesses or the production of documents or other evidence under 21 U.S.C. 875 and 876 shall be filed with the Judge. Subpoenas are not ordinarily required to obtain the attendance of federal employees as witnesses, but such testimony shall be sought first by filing a request with the United States Attorney.

Citations to 21 U.S.C. § 876 as a whole

• 21 U.S.C. § 880(c)

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  (c) A warrant under this section shall not be required for the inspection of books and records pursuant to an administrative subpena issued in accordance with section 876 of this title, nor for entries and administrative inspections (including seizures of property)—

  (1) with the consent of the owner, operator, or agent in charge of the controlled premises;

  (2) in situations presenting imminent danger to health or safety;

  (3) in situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

  (4) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or

  (5) in any other situations where a warrant is not constitutionally required.