[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: 21CFR20.102]
[Page 212-213]
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 F Availability of Specific Categories of Records
Sec. 20.102 Court enforcement records.
(a) All records and documents filed in the courts are available for
public disclosure unless the court orders otherwise. The Food and Drug
Administration will make available for public disclosure such records or
documents if the agency can determine that it has an accurate copy of
the actual record or document filed in the court. If the Food and Drug
Administration cannot determine whether it has an accurate copy of such
a record or document, the person requesting a copy shall be referred to
the court involved.
(b) After a recommendation for court action has been finally refused
by a United States attorney, the correspondence with the United States
attorney and the Department of Justice with respect to that
recommendation, including the pleadings recommended for filing with the
court, is available
[[Page 213]]
for public disclosure. Prior to disclosure of any record specifically
reflecting consideration of possible criminal prosecution of any
individual, all names and other information that would identify an
individual who was considered for criminal prosecution but who was not
prosecuted shall be deleted unless the Commissioner concludes that there
is a compelling public interest in the disclosure of such names.
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