25214.23
. (a) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, may, upon presenting appropriate credentials and
at a reasonable time, do any of the following:
(1) Enter a factory, warehouse, or establishment in which a
package or packaging component is manufactured, packed, held, or
sold; enter a vehicle that is being used to transport, hold, or sell
the package or packaging component; or enter a place where a package
or packaging component is suspected of being held or sold in
violation of this article.
(2) Inspect a factory, warehouse, establishment, vehicle, or place
described in paragraph (1), and all pertinent equipment, raw
material, finished and unfinished materials, containers, and labeling
in the factory, warehouse, establishment, vehicle, or place. In the
case of a factory, warehouse, or establishment in which a package or
packaging component is manufactured, packed, held, or sold,
inspection shall include any record, file, paper, process, control,
and facility that has a bearing on whether the package, packaging
component, or product in a package is being manufactured, packed,
held, transported, sold, offered for sale, or offered for promotional
purposes in violation of this article.
(3) Have access to all records of a carrier in commerce relating
to the movement in commerce of a package or packaging component, or
the holding of that package or packaging component during or after
the movement, and the quantity, shipper, and consignee of the package
or packaging component. A carrier shall not be subject to the other
provisions of this article by reason of its receipt, carriage,
holding, or delivery of a product in a package or packaging component
in the usual course of business as a carrier.
(b) An authorized representative of the department shall be deemed
to have received implied consent to enter a retail establishment,
for purposes of this section if the authorized representative enters
the location of that retail establishment where the public is
generally granted access.