[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR20.1]

[Page 188-189]
 
                        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 A_Official Testimony and Information
 
Sec.  20.1  Testimony by Food and Drug Administration employees.


    (a) No officer or employee of the Food and Drug Administration or of 
any other office or establishment in the Department of Health and Human 
Services, except as authorized by the Commissioner of Food and Drugs 
pursuant to this section or in the discharge of his official duties 
under the laws administered by the Food and Drug Administration, shall 
give any testimony before any tribunal pertaining to any function of the 
Food and Drug Administration or with respect to any information acquired 
in the discharge of his official duties.
    (b) Whenever a subpoena, in appropriate form, has been lawfully 
served upon an officer or employee of the Food and Drug Administration 
commanding the giving of any testimony, such officer or employee shall, 
unless otherwise authorized by the Commissioner, appear in response 
thereto and respectfully decline to testify on the grounds that it is 
prohibited by this section.
    (c) A person who desires testimony from any employee may make 
written

[[Page 189]]

request therefor, verified by oath, directed to the Commissioner setting 
forth his interest in the matter sought to be disclosed and designating 
the use to which such testimony will be put in the event of compliance 
with such request: Provided, That a written request therefor made by a 
health, food, or drug officer, prosecuting attorney, or member of the 
judiciary of any State, Territory, or political subdivision thereof, 
acting in his official capacity, need not be verified by oath. If it is 
determined by the Commissioner, or any other officer or employee of the 
Food and Drug Administration whom he may designate to act on his behalf 
for the purpose, that such testimony will be in the public interest and 
will promote the objectives of the act and the agency, the request may 
be granted. Where a request for testimony is granted, one or more 
employees of the Food and Drug Administration may be designated to 
appear, in response to a subpoena, and testify with respect thereto.