Section 26
SEC. 26. (a) Except as otherwise provided in this section, the Secretary of Health shall, upon recommendation of the Food and Drug Administrator, issue rules and regulations as may be necessary to enforce effectively the provisions of this Act. (b) The Commissioner of Customs, the Commissioner of Internal Revenue and the Secretary of Health shall jointly prescribe regulations for the efficient enforcement of the provisions of Section thirty, except as otherwise provided therein. Such regulations shall be promulgated upon the recommendation of the Food and Drug Administrator and shall take effect at such time, after due notice, as the Secretary of Health shall determine. (c) Hearings authorized or required by this Act shall be conducted by the Board of Food and Drug Inspection which shall submit its recommendation to the Food and Drug Administrator. (d) When it appears to the Food and Drug Administrator from the report of the Food and Drug Laboratory that any article of food or any drug, or cosmetic secured pursuant to Section twenty-eight of this Act is adulterated or misbranded, he shall cause notice thereof to be given to the person or persons concerned and such person or persons shall be given an opportunity to be heard before the Board of Food and Drug Inspection and to submit evidence impeaching the correctness of the finding or charge in question. (e) When a violation of any provisions of this Act comes to the knowledge of the Food and Drug Administrator of such character that a criminal prosecution ought to be instituted against the offender, he shall certify the facts to the Secretary of Justice through the Secretary of Health, together with the chemist's report, the findings of the Board of Food and Drug Inspection, or other documentary evidence on which the charge is based. (f) Nothing in this Act shall be construed as requiring the Food and Drug Administrator to certify for prosecution pursuant to sub-paragraph (e) hereof, minor violations of this Act whenever he believes that public interest will adequately served by a suitable written notice or warning. FACTORY INSPECTION