(a) 1(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be SEC. 404. ø21 U.S.C. 344¿ (a) Whenever the Secretary finds
after investigation that the distribution in interstate commerce of
any class of food may, by reason of contamination with micro-organisms during the manufacture, processing, or packing thereoany locality, be injurious to health, and that such injurious nature
cannot be adequately determined after such articles have entered
interstate commerce, he then, and in such case only, shall promulgate regulations providing for the issuance, to manufacturers, processors, or packers of such class of food in such locality of permits
to which shall be attached such conditions governing the manufacture, processing, or packaging of such class of food, for such temporary period of time, as may be necessary to protect the public
health; and after the effective date of such regulations, and during
such temporary period, no person shall introduce or deliver for introduction into interstate commerce any such food manufactured,
processed, or packed by any such manufacturer, processor, or packer unless such manufacturer, processor, or packer holds a permit
issued by the Secretary as provided by such regulations.
(b) The Secretary is authorized to suspend immediately upon
notice any permit issued under authority of this section if it is
found that any of the conditions of the permit have been violated.
The holder of a permit so suspended shall be privileged at any time
to apply for the reinstatement of such permit, and the Secretary
shall, immediately after prompt hearing and an inspection of the
establishment, reinstate such permit if it is found that adequate
measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.
(c) Any officer or employee duly designated by the Secretary
shall have access to any factory or establishment, the operator of
which holds a permit from the Secretary, for the purpose of
ascertaining whether or not the conditions of the permit are being
complied with, and denial of access for such inspection shall be
ground for suspension of the permit until such access is freely
given by the operator.