TOXIC SUBSTANCES CONTROL ACT

[As Amended Through P.L. 107–377, December 31, 2002]

TITLE I—CONTROL OF TOXIC SUBSTANCES

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SEC. 2. FINDINGS, POLICY, AND INTENT.

(a) FINDINGS.—The Congress finds that—

(1) human beings and the environment are being exposed each year to a large number

of chemical substances and mixtures.

(2) among the many chemical substances and mixtures which are constantly being 

developed and produced, there are some whose manufacture, processing, distribution in 

commerce, use, or disposal may present an unreasonable risk of injury to health or the 

environment; and

(3) the effective regulation of interstate commerce in such chemical substances and 

mixtures also necessitates the regulation of intrastate commerce in such chemical substances 

and mixtures.

(b) POLICY.—It is the policy of the United States that—

(1) adequate data should be developed with respect to the effect of chemical 

substances and mixtures on health and the environment and that the development of such data 

should be the responsibility of those who manufacture and those who process such chemical 

substances and mixtures;

(2) adequate authority should exist to regulate chemical substances and mixtures which 

present an unreasonable risk of injury to health or the environment, and to take action with

respect to chemical substances and mixtures which are imminent hazards; and

(3) authority over chemical substances and mixtures should be exercised in such a 

manner as not to impede unduly or create unnecessary economic barriers to technological 

innovation while fulfilling the primary purpose of this Act to assure that such innovation and 

commerce in such chemical substances and mixtures do not present an unreasonable risk of

injury to health or the environment.

(c) INTENT OF CONGRESS.—It is the intent of Congress that the Administrator shall carry out this 

Act in a reasonable and prudent manner, and that the Administrator shall consider the environmental,

economic, and social impact of any action the Administrator takes or proposes to take under this Act.

[15 U.S.C. 2601]

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SEC. 11. INSPECTIONS AND SUBPOENAS.

(a) IN GENERAL.—For purposes of administering this Act, the Administrator, and any duly 

designated representative of the Administrator, may inspect any establishment, facility, or other 

premises in which chemical substances, mixtures, or products subject to title IV are manufactured, 

processed, stored, or held before or after their distribution in commerce and any conveyance being 

used to transport chemical substances, mixtures, such products, or such articles in connection with 

distribution in commerce. Such an inspection may only be made upon the presentation of appropriate 

credentials and of a written notice to the owner, operator, or agent in charge of the premises or 

conveyance to be inspected. 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 and shall be conducted at reasonable
times, within reasonable limits, and in a reasonable manner.

(b) SCOPE.—

(1) Except as provided in paragraph (2), an inspection conducted under subsection (a) 

shall extend to all things within the premises or conveyance inspected (including records, files,

papers, processes, controls, and facilities) bearing on whether the requirements of this Act 

applicable to the chemical substances, mixtures, or products subject to title IV within such 

premises or conveyance have been complied with.

(2) No inspection under subsection (a) shall extend to—

(A) financial data,

(B) sales data (other than shipment data),

(C) pricing data,

(D) personnel data, or

(E) research data (other than data required by this Act or under a rule 

promulgated thereunder),

unless, the nature and extent of such data are described with reasonable specificity in the 

written notice required by subsection (a) for such inspection.

(c) SUBPOENAS.—In carrying out this Act, the Administrator may by subpoena require the 

attendance and testimony of witnesses and the production of reports, papers, documents, answers to 

questions, and other information that the Administrator deems necessary. Witnesses shall be paid the 

same fees and mileage that are paid witnesses in the courts of the United States. In the event of 

contumacy, failure, or refusal of any person to obey any such subpoena, any district court of the United 

States in which venue is proper shall have jurisdiction to order any such person to comply with such 

subpoena. Any failure to obey such an order of the court is punishable by the court as a contempt 

thereof.

[15 U.S.C. 2610]