Inspection

Inspection in United States

Inspection Definition

(Lat. inspicere, to look into). The examination of certain articles made by law subject to such examination, so that they may be declared fit for commerce. The decision of the inspectors is not final. The object of the law is to protect the community from fraud, and to preserve the character of the merchandise abroad. 8 Cow. (N. Y.) 45. See 1 Johns. (N. Y.) 205; 13 Johns. (N. Y.) 331; 2 Gaines (N. Y.) 312; 3 Gaines (N. Y.) 207. In Practice. Elxamination. Books and Records. The inspection of all public records is free to all persons who have an interest in them, upon payment of the usual fees. 7 Mod. 129; 1 Strange, 304; 2 Strange, 260, 954, 1005. But it seems a mere stranger, who has no such interest, has no right at common law. 8 Term R. 390. A stockholder has, as a general rule, the right to inspect the books and records of his corporation.

Inspection in Foreign Legal Encyclopedias

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Inspection Inspection in the World Legal Encyclopedia.
Inspection Inspection in the European Legal Encyclopedia.
Inspection Inspection in the Asian Legal Encyclopedia.
Inspection Inspection in the UK Legal Encyclopedia.
Inspection Inspection in the Australian Legal Encyclopedia.

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Inspection Inspection in the Family Law Portal of the American Encyclopedia of Law.
Inspection Inspection in the IP Portal of the American Encyclopedia of Law.
Inspection Inspection in the Commercial Law Portal of the American Encyclopedia of Law.
Inspection Inspection in the Criminal Law Portal of the American Encyclopedia of Law.
Inspection Inspection in the Antritrust Portal of the American Encyclopedia of Law.
Inspection Inspection in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Inspection Inspection in the Constitutional Law Portal of the American Encyclopedia of Law.
Inspection Inspection in the Tax Law Portal of the American Encyclopedia of Law.
Inspection Inspection in the and Finance and Banking Portal of the American Encyclopedia of Law.
Inspection Inspection in the Employment and Labor Portal of the American Encyclopedia of Law.
Inspection Inspection in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Inspection Inspection in the Environmental Law Portal of the American Encyclopedia of Law.

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Inspection in the Dictionaries Inspection in our legal dictionaries
https://lawi.us/inspection The URI of Inspection (more about URIs)
Inspection related entries Find related entries of Inspection

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Legal Issue for Attorneys

(Lat. inspicere, to look into). The examination of certain articles made by law subject to such examination, so that they may be declared fit for commerce. The decision of the inspectors is not final. The object of the law is to protect the community from fraud, and to preserve the character of the merchandise abroad. 8 Cow. (N. Y.) 45. See 1 Johns. (N. Y.) 205; 13 Johns. (N. Y.) 331; 2 Gaines (N. Y.) 312; 3 Gaines (N. Y.) 207. In Practice. Elxamination. Books and Records. The inspection of all public records is free to all persons who have an interest in them, upon payment of the usual fees. 7 Mod. 129; 1 Strange, 304; 2 Strange, 260, 954, 1005. But it seems a mere stranger, who has no such interest, has no right at common law. 8 Term R. 390. A stockholder has, as a general rule, the right to inspect the books and records of his corporation.

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Notice

This definition of Inspection Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Inspection in Environmental Law

An onsite investigation of a facility to determine compliance with a regulation, permit provision, or statute. One potential conflict with an agency’s right to inspect is found in the U.S. Constitution. The Fourth Amendment states:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the person or things to be seized.The protection of the Fourth Amendment extends to businesses as well as individuals. Therefore, in many situations, agencies must obtain warrants for their searches if consent is not given for inspections. Furthermore, a statute must give the power for inspection to the agency. Environmental statutes routinely contain language allowing inspections and other methods of gathering information. However, the EPA has not directly tested the scope of that authority. If refused entry, the EPA goes to court for a search warrant.

The Occupational Safety and Health Administration (OSHA) did test its power to search without a warrant. In Marshall v. Barlow’s, Inc., a 1978 case, the Supreme Court held that Congress could not authorize warrantless searches of businesses not highly regulated. The business involved was an electrical and plumbing contractor. However, some businesses, such as mines, automobile junkyards, and firearms dealers, have traditionally been regulated more tightly than others. In situations like these, the Supreme Court determined a warrant was not necessary.

The requirement that an agency get a warrant is not great protection for the business or person involved. For a criminal case, the government must show probable cause that a crime was committed and that the person who committed the crime or other evidence of the crime is located at the site to be searched. For administrative searches, the agency must show only that the inspection is part of a neutral scheme to enforce the statute. It’s not difficult to obtain an administrative search warrant.

There are two instances when no administrative search warrant is required: emergencies and public view Thus, fire officials who respond to a fire alarm may investigate for evidence of arson after the fire is extinguished, Michigan v. Tyler. Also, inspection of grounds through aerial photography, Dow Chemical Co. v. U.S., or taking smoke measurements on site have been upheld as constitutional, Air Pollution Variance Board v. Western Alfalfa Corporation.

To eliminate the question of authority to inspect without a warrant, many environmental agencies put the right to inspect within the terms of permits they issue. It is unclear whether that step totally eliminates the warrant requirement, but most inspections occur with consent. Refusal to admit an inspector can backfire, and companies recognize that. If consent is withheld, warrants are easily obtainable.
Based on “Environment and the Law. A Dictionary”.

Inspection in Environmental Law

An onsite investigation of a facility to determine compliance with a regulation, permit provision, or statute. One potential conflict with an agency’s right to inspect is found in the U.S. Constitution. The Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the person or things to be seized.

The protection of the Fourth Amendment extends to businesses as well as individuals. Therefore, in many situations, agencies must obtain warrants for their searches if consent is not given for inspections. Furthermore, a statute must give the power for inspection to the agency. Environmental statutes routinely contain language allowing inspections and other methods of gathering information. However, the EPA has not directly tested the scope of that authority. If refused entry, the EPA goes to court for a search warrant.

The Occupational Safety and Health Administration (OSHA) did test its power to search without a warrant. In Marshall v. Barlow’s, Inc., a 1978 case, the Supreme Court held that Congress could not authorize warrantless searches of businesses not highly regulated. The business involved was an electrical and plumbing contractor. However, some businesses, such as mines, automobile junkyards, and firearms dealers, have traditionally been regulated more tightly than others. In situations like these, the Supreme Court determined a warrant was not necessary.

The requirement that an agency get a warrant is not great protection for the business or person involved. For a criminal case, the government must show probable cause that a crime was committed and that the person who committed the crime or other evidence of the crime is located at the site to be searched. For administrative searches, the agency must show only that the inspection is part of a neutral scheme to enforce the statute. It’s not difficult to obtain an administrative search warrant.

There are two instances when no administrative search warrant is required: emergencies and public view Thus, fire officials who respond to a fire alarm may investigate for evidence of arson after the fire is extinguished, Michigan v. Tyler. Also, inspection of grounds through aerial photography, Dow Chemical Co. v. U.S., or taking smoke measurements on site have been upheld as constitutional, Air Pollution Variance Board v. Western Alfalfa Corporation.

To eliminate the question of authority to inspect without a warrant, many environmental agencies put the right to inspect within the terms of permits they issue. It is unclear whether that step totally eliminates the warrant requirement, but most inspections occur with consent. Refusal to admit an inspector can backfire, and companies recognize that. If consent is withheld, warrants are easily obtainable.
Based on “Environment and the Law. A Dictionary”.

Resources

See Also

  • Legal Topics.
  • Codex Alimentarius; FAO (Food and Agriculture Organization); Food Safety; Food Trade Associations; Government Agencies; International Agencies.

    Further Reading (Books)

    Codex Alimentarius website with links to WTO, OIE, IPPC. Available at http://www.codexalimentarius.net.

    Food and Drug Administration website. Available at http://www.fda.gov. See the Office of Regulatory Affairs information on import inspections.

    World Trade Organization website. Available at http://www.wto.org. Contains Sanitary and Phytosanitary Agreement information. See the agreement on the Application of Sanitary and Phytosanitary Measures.

    USDA websites. Available at http://www.fsis.usda.gov and http://www.aphis.usda.gov.

    Robin Yeaton Woo

    Further Reading (Articles)

    Inspections Are a Good Thing, Law & Order; July 1, 2005; Marcum, Curtis

    “Image Inspection Apparatus, Image Inspection Method, and Control Program of Image Inspection Apparatus” in Patent Application Approval Process, Politics & Government Week; April 10, 2014

    “Inspection Apparatus and Inspection Method” in Patent Application Approval Process, Politics & Government Week; December 5, 2013

    Multifamily inspections fall behind Some local communities say funding cuts hurt the process, The Boston Globe (Boston, MA); December 20, 1992; Aaron Zitner, Globe Staff

    FOOD SERVICE INSPECTIONS, The Roanoke Times (Roanoke, VA); July 16, 2011

    “Inspection Device and Method Thereof” in Patent Application Approval Process, Politics & Government Week; November 7, 2013

    AGRICULTURAL INSPECTIONS ARE CRUCIAL, US Fed News Service, Including US State News; April 3, 2007

    INSPECTION LAW: MORE REPAIRS, SHORTER LINES, The Record (Bergen County, NJ); September 18, 1993; SARI HARRAR, Staff Writer

    Inspection oversight could shift Jan. 1; But a proposal before the Minneapolis City Council would give the Fire Department a chance to reclaim inspection supervision duties.(NEWS), Star Tribune (Minneapolis, MN); May 28, 2010

    Inspection evolution: the equipment that ensures a label’s perfection is evolving rapidly and converters are reaping the benefits. Label & Narrow Web; April 1, 2012; Diamond, Catherine

    Inspection of fire-rated door assemblies: this article will attempt to explain the new inspection requirements and allay these concerns. Doors and Hardware; June 1, 2007; Pardoe, Keith E.

    Inspection Misconceptions: When Houses Are Sold, Both Buyers And Sellers Can Dread Auditor’s Visit. Hartford Courant (Hartford, CT); September 30, 2007

    Inspection policies for repairable systems. IIE Transactions; December 1, 1996; Banerjee, P.K. Chuiv, N. Ni

    Using inspections to improve the quality of product documentation and code.Technical Communication; August 1, 1995; Zuchero, John

    “Image Inspection System and Image Inspection Method” in Patent Application Approval Process, Computer Weekly News; February 27, 2014

    PCAOB International Inspections, The CPA Journal; January 1, 2014; Calderon, Thomas G. Song, Hakjoon

    Safety Inspections after Traffic Stops Are Plummeting, Fleet Owner (Online Exclusive); January 21, 2014

    Do Inspection and Traceability Provide Incentives for Food Safety?, Journal of Agricultural and Resource Economics; April 1, 2006; Starbird, S. Andrew Amanor-Boadu, Vincent

    “Inspection Device Applying Probe Contact for Signal Transmission” in Patent Application Approval Process, Politics & Government Week; December 6, 2012

    Inspection feature for inspection process planning.(Report), Annals of DAAAM & Proceedings; January 1, 2010; Bruscas Bellido, Gracia M.

    Inspection: Open and Free Legal Research of US Law

    Federal Primary Materials

    The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Inspection. This part provides references, in relation to Inspection, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

    Federal primary materials about Inspection by content types:

    Laws and Regulations

    US Constitution
    Federal Statutory Codes and Legislation

    Federal Case Law and Court Materials

    U.S. Courts of Appeals
    United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

    Federal Administrative Materials and Resources

    Presidential Materials

    Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

    Executive Materials

    Federal Legislative History Materials

    Legislative history traces the legislative process of a particular bill (about Inspection and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Inspection or other topics), or locating the current status of a bill and monitoring its progress.

    State Administrative Materials and Resources

    State regulations are rules and procedures promulgated by state agencies (which may apply to Inspection and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Inspection. Finding these decisions can be challenging. In many cases, researchers about Inspection should check state agency web sites for their regulations, decisions, forms, and other information of interest.

    State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

    State opinions of the Attorney General (official written advisory opinions on issues of state law related to Inspection when formerly requested by a designated government officer):

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