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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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3-9 - ACCEPTING A STATE'S COMMISSION

3-9 - ACCEPTING A STATE'S COMMISSION

 3-9 - ACCEPTING A STATE'S COMMISSION

Sometimes an FDA investigator may find it valuable to exercise state powers. For example, an FDA investigator may wish to obtain a state commission to have the ability to place an embargo in those cases when a state official, who has the authority to do so, is not available. An FDA investigator may hold a state commission provided that:

  1. The commission is offered by a state agency whose agency head holds an FDA commission.
  2. The commission is not used unless a state official, authorized by the state regulatory agency, has given prior permission to use the state commission in each specific contemplated use. The supervisor of the FDA investigator should agree to the contemplated use of the commission.