[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR20.1]
[Page 188.189]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PART 20 PUBLIC INFORMATION--Table of Contents
Subpart A Official Testimony and Information
Sec. 20.1 Testimony by Food and Drug Administration employees.
(a) No officer or employee of the Food and Drug Administration or of
any other office or establishment in the Department of Health and Human
Services, except as authorized by the Commissioner of Food and Drugs
pursuant to this section or in the discharge of his official duties
under the laws administered by the Food and Drug Administration, shall
give any testimony before any tribunal pertaining to any function of the
Food and Drug Administration or with respect to any information acquired
in the discharge of his official duties.
(b) Whenever a subpoena, in appropriate form, has been lawfully
served upon an officer or employee of the Food and Drug Administration
commanding the giving of any testimony, such officer or employee shall,
unless otherwise authorized by the Commissioner, appear in response
thereto and respectfully decline to testify on the grounds that it is
prohibited by this section.
(c) A person who desires testimony from any employee may make
written request therefor, verified by oath, directed to the Commissioner
setting forth his interest in the matter sought to be disclosed and
designating the use to which such testimony will be put in the event of
compliance with such request: Provided, That a written request therefor
made by a health, food, or drug officer, prosecuting attorney, or member
of the judiciary of any State, Territory, or political subdivision
thereof, acting in his official capacity, need not be verified by oath.
If it is determined by the Commissioner, or any
[[Page 189]]
other officer or employee of the Food and Drug Administration whom he
may designate to act on his behalf for the purpose, that such testimony
will be in the public interest and will promote the objectives of the
act and the agency, the request may be granted. Where a request for
testimony is granted, one or more employees of the Food and Drug
Administration may be designated to appear, in response to a subpoena,
and testify with respect thereto.
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