Title 16, Chapter 13, Section 46
( 16-13-46)
(a) Issuance and execution of inspection warrants shall be as
follows: (1) A judge of the superior, state, city, or magistrate court, or
any municipal officer clothed by law with the powers of a
magistrate, upon proper oath or affirmation showing probable
cause, may issue warrants for the purpose of conducting
inspections authorized by this article, or rules promulgated under
this article, and seizures of property appropriate to the
inspections. For the purpose of the issuance of inspection
warrants, probable cause exists upon showing a valid public
interest in the effective enforcement of this article, or rules
promulgated under this article, sufficient to justify inspection
of the area, premises, building, or conveyance in the
circumstances specified in the application for the warrant; (2) A warrant shall issue only upon an affidavit of a designated
officer, drug agent, or employee of the State Board of Pharmacy
having knowledge of the facts alleged, sworn to before the
judicial officer and establishing the grounds for issuing the
warrant. If the judicial officer is satisfied that grounds for the
application exist or that there is probable cause to believe they
exist, he shall issue a warrant identifying the area, premises,
building, registrant, or conveyance to be inspected, the purpose
of the inspection, and, if appropriate, the type of property to be
inspected, if any. The warrant shall: (A) State the grounds for its issuance and the name of each
person whose affidavit has been taken in support thereof; (B) Be directed to persons authorized by Code Section 16-13-45 to execute it; (C) Command the persons to whom it is directed to inspect the
area, premises, building, registrant, or conveyance identified
for the purpose specified and, if appropriate, direct the
seizure of the property specified; (D) Identify the item or types of property to be seized, if any;
and (E) Designate the judicial officer to whom it shall be returned; (3) A warrant issued pursuant to this Code section must be
executed and returned within ten days of its date unless, upon a
showing of a need for additional time, the court orders otherwise.
If property is seized pursuant to a warrant, a copy shall be
provided upon request to the person from whom or from whose
premises the property is taken, together with a receipt for the
property taken. The return of the warrant shall be made promptly,
accompanied by a written inventory of any property taken. A copy
of the inventory shall be delivered upon request to the person
from whom or from whose premises the property was taken and to the
applicant for the warrant; (4) The judicial officer who has issued a warrant shall attach
thereto a copy of the return and all papers returnable in
connection therewith and file them with the clerk of the superior
court for the county in which the inspection was made. (b) The State Board of Pharmacy, the director of the Georgia Drugs
and Narcotics Agency or drug agents may make inspections of
controlled premises in accordance with the following provisions: (1) For purposes of this Code section only, "controlled premises"
means: (A) Places where persons registered or exempted from
registration requirements under this article are required to
keep records; and (B) Places, including factories, warehouses, establishments, and
conveyances, in which persons registered or exempted from
registration requirements under this article are permitted to
hold, manufacture, compound, process, sell, deliver, or
otherwise dispose of any controlled substance; (2) When authorized by an inspection warrant issued pursuant to
subsection (a) of this Code section, an officer or employee
designated by the State Board of Pharmacy or the director of the
Georgia Drugs and Narcotics Agency, upon presenting the warrant
and appropriate credentials to the owner, operator, or agent in
charge, may enter controlled premises for the purpose of
conducting an inspection; (3) When authorized by an inspection warrant, an officer or
employee designated by the State Board of Pharmacy or the director
of the Georgia Drugs and Narcotics Agency may: (A) Inspect and copy records required by this article to be
kept; (B) Inspect, within reasonable limits and in a reasonable
manner, controlled premises and all pertinent equipment,
finished and unfinished material, containers, and labeling found
therein, and, except as provided in paragraph (5) of subsection
(b) of this Code section, all other things therein, including
records, files, papers, processes, controls, and facilities
bearing on violation of this article; and (C) Inventory any stock of any controlled substance therein and
obtain samples thereof; (4) This Code section does not prevent the inspection without a
warrant of books and records pursuant to an administrative
inspection in accordance with subsection (c) of this Code section,
nor does it prevent entries and inspections, including seizures of
property, without a warrant: (A) If the owner, operator, or agent in charge of the controlled
premises consents; (B) In situations presenting imminent danger to health or
safety; (C) In situations involving inspection of conveyance if there is
reasonable cause to believe that the mobility of the conveyance
makes it impracticable to obtain a warrant;
(D) In any other exceptional or emergency circumstance where
time or opportunity to apply for a warrant is lacking; or (E) In all other situations in which a warrant is not
constitutionally required; (5) An inspection authorized by this Code section shall not extend
to financial data, sales data other than shipment data, or pricing
data unless the owner, operator, or agent in charge of the
controlled premises consents in writing. (c) The State Board of Pharmacy, its members, or duly authorized
agents or drug agents shall have the power to inspect, without a
warrant, in a lawful manner at all reasonable hours, any pharmacy or
other place licensed by the State Board of Pharmacy pursuant to
Chapter 4 of Title 26 for the purpose: (1) Of determining if any of the provisions of this article or any
rule or regulation promulgated under its authority is being
violated; (2) Of securing samples or specimens of any drug or medical
supplies, after first paying or offering to pay for such samples
or specimens; and (3) Of securing other such evidence as may be needed for an
administrative proceedings action, as provided by this article. |