F.D.A. "DON'T PANIC" Sheet

1. Upon entry, ask to see the credentials of each FDA Agent, Forms FD-200A, and FD-200B or C. Write down their names, titles and district.

2. One of the FDA Agents is required to give you a "Notice of Inspection" Form FD-482, but make sure that he/she gives you the original Form, and that it is signed by the "inspecting" FDA Agent.

3. Offer to accompany the FDA Agents during the Inspection. If they refuse, tell them that Sec 511 of their Investigations Operations Manual requires that they accept supervision.

4. Any FDA Agent does not have the right to take photographs, so insist that he/she put his/her camera away immediately. If he/she resists, tell him/her that both the decision in U.S. v. Acri and Section 523.1 of the FDA's Investigations Operations Manual forbids him/her from taking any photographs as long as you object.

5. For every item removed from the premises, the "inspecting" FDA Agent must give you a Receipt, the original of Form FD-484. If he/she resists, tell him/her that Section 501.1(b)(4) and 513 of the FDA's Investigations Operations Manual requires him/her to give you a Receipt. If the item is being detained for a seizure hearing, he/she must issue the original signed first page of "Notice of Detention" Form FD-2289, and he/she must attach an official "detention Tag" Form FD-2290. Sections 941.22 and 941.23 of the Investigations Operations Manual require him/her to do this.

6. "Voluntary Destruction" is a Myth, you can not be forced to destroy your own equipment. Make them go through the formal detention process and seizure hearing. If the FDA Agents try to destroy your equipment themselves, tell them that Section 740.2 of the FDA's Investigations Operations Manual forbids this action by him/her, and that Section 710.1 of the FDA's Investigations Operations Manual requires a Court Order.

7. After the investigation, one of the FDA Agents must give you a written statement summarizing their observations, an orginal of Form FD-483. If he/she resists, tell him/her that Section 501.1(b)(3) of their Investigations Operations Manual requires him/her to give it "before leaving the premises".