2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2511 - Administrative inspection and warrants

(a) As used in this section, the term “controlled premises” means:
(1) Places where the records or other documents required by this chapter are kept, or
(2) places including factories, warehouses, or other establishments and conveyances, where persons registered under § 2303 of this title may lawfully hold, manufacture, distribute, dispense, administer or otherwise dispose of controlled substances.
(b)
(1) For the purposes of inspecting, copying, and verifying the correctness of records, inventories, reports, or other documents required to be kept or made under this chapter, and otherwise facilitating the carrying out of his functions, the Secretary of Health is authorized, in accordance with this section, to enter controlled premises and to conduct administrative inspections thereof, and of the things specified in this section, relevant to those functions and duties.
(2) Such entries and inspections shall be carried out through officers or employees, hereinafter referred to as “inspectors”, designated by the Secretary of Health.
Any such inspector, upon stating his purpose and presenting to the owner, manager, operator or agent in charge of such controlled premises the appropriate credentials or a certificate issued by the Secretary of Health, or by the person whom he may delegate, of his inspection authority, which certificate in the case of inspection requiring, or in fact supported by, an administrative inspection warrant shall consist of such warrant, shall have the right to enter such controlled premises and conduct such inspection at normal business hours.
(3) Except as may otherwise be indicated in an applicable inspection warrant, the inspector shall have the right:
(A) To inspect and copy records, inventories, reports and other documents required to be kept or made under this chapter;
(B) to inspect within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished drugs and other substances or materials, containers, and labeling found therein, and, except as provided in clause (4) of this subsection, all other things therein including records, files, documents, processes, controls and facilities appropriate for verification of records, inventories, reports and documents referred to in clause (3) of this subsection or otherwise bearing on the provisions of this chapter, and
(C) to inventory any stock of controlled substances therein and obtain samples of any such substance.
(4) Except when the owner, manager, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to:
(A) Financial data;
(B) sales data other than shipment data, or
(C) pricing data.
(c) A warrant under this section shall not be required for the inspection of books and records pursuant to an administrative subpoena issued in accordance with § 2507 of this title, nor the entries and administrative inspections, including seizure of property:
(1) With the consent of the owner, manager, 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, or
(4) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking.
(d) Issuance and execution of administrative inspection warrants shall be as follows:
(1) Any judge may, upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this chapter, and for the seizures of property appropriate to such inspection. For the purposes of this section, the term “probable cause” means a valid public interest in the effective enforcement of this chapter or regulations thereunder sufficient to justify administrative inspections of the area, premises, building or conveyance, or contents thereof, in the circumstances specified in the application for the warrant.
(2) A warrant shall issue only upon an affidavit of an officer or employee having knowledge of the facts alleged and establishing the grounds for issuing the warrant. Said warrant shall be sworn to before a judge who shall determine if there are grounds for the issuance of the order. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected if any. The warrant shall be directed to a person authorized under subsection (b)(2) of this section to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified, and, where appropriate, shall direct the seizure of the property specified. The warrant shall further direct that it be served during normal business hours and shall designate the judge to whom it shall be returned.
(3) The warrant issued pursuant to the provisions of this section must be executed and returned within ten (10) days of its date unless, upon a showing of a need therefor, the judge allows additional time in the warrant.
If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made by the person who executed the order and in the presence of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person making such inventory. The judge, upon request, shall deliver a copy of the inventory from whom or from whose premises the property was taken and to the applicant for the warrant.
(4) The judge who has issued a warrant under this section shall attach to the warrant all papers filed in connection therewith and shall file them with the clerk of the court in whose jurisdiction the inspection was made.
History —June 23, 1971, No. 4, p. 526, § 511, eff. 180 days after June 23, 1971.