Читать книгу Food Regulation - Neal D. Fortin - Страница 36

The Fourth Amendment to the U.S. Constitution provides that:

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 persons or things to be seized.

This is particularly relevant to how agencies conduct inspections. The courts have generally upheld the validity of laws granting government agencies the right to inspect food establishments; however, the scope of inspections is more controversial. The right to take photographs and the right to access records, such as complaint files, formulation files, and personnel files, will be discussed in later chapters.

The Fifth Amendment contains three provisions that are particularly pertinent to food regulation:

 Self‐Incrimination: No person shall be compelled to be a witness against himself in any criminal case.

 Due Process: No person shall be deprived of life, liberty, or property without due process of law.

 Just Compensation: No private property shall be taken for public use without just compensation.