2006 Utah Code - 58-17b-103 — Administrative inspections.

     58-17b-103.   Administrative inspections.
     (1) The division may for the purpose of ascertaining compliance with the provisions of this chapter, require a self-audit or enter and inspect the business premises of a person:
     (a) licensed under Part 3, Licensing; or
     (b) who is engaged in activities that require a license under Part 3, Licensing.
     (2) Before conducting an inspection under Subsection (1), the division shall, after identifying the person in charge:
     (a) give proper identification;
     (b) request to see the applicable license or licenses;
     (c) describe the nature and purpose of the inspection; and
     (d) provide upon request, the authority of the division to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section 58-17b-504.
     (3) In conducting an inspection under Subsection (1), the division may, after meeting the requirements of Subsection (2):
     (a) examine any record, prescription, order, drug, device, equipment, machine, electronic device or media, or area related to activities for which a license has been issued or is required by Part 3, Licensing, for the purpose of ascertaining compliance with the applicable provisions of this chapter;
     (b) take a drug or device for further analysis if considered necessary;
     (c) temporarily seize a drug or device which is suspected to be adulterated, misbranded, outdated, or otherwise in violation of this chapter, pending an adjudicative proceeding on the matter;
     (d) box and seal drugs suspected to be adulterated, outdated, misbranded, or otherwise in violation of this chapter; and
     (e) dispose of or return any drug or device obtained under this Subsection (3) in accordance with procedures established by division rule.
     (4) An inspection conducted under Subsection (1) shall be during regular business hours.
     (5) If upon inspection, the division concludes that a person has violated the provisions of this chapter or Chapter 37, Utah Control Substances Act, or any rule or order issued with respect to those chapters, and that disciplinary action is appropriate, the director or the director's designee shall promptly issue a fine or citation to the licensee in accordance with Section 58-17b-504.

Enacted by Chapter 280, 2004 General Session