(a) This section does not apply to cosmetics, infant formula, or baby food if: (1) The cosmetics, infant formula, or baby food are being sold in a single lot at a charity auction; and (2) The total value of the cosmetics, infant formula, or baby food in the lot is $100 or less. (b) A person may not sell any drug, medicine, cosmetic, pharmaceutical preparation, medicinal preparation, or infant formula or baby food that is subject to dating requirements by the United States Food and Drug Administration at any auction sale unless the person notifies the Secretary in writing of the proposed auction at least 7 days before the date of the auction. (c) (1) The Secretary may: (i) Inspect any drugs, medicines, cosmetics, pharmaceutical preparations, medicinal preparations, infant formula, or baby food that a person proposes to sell by auction sale; and (ii) Issue an order that prohibits the sale of any of these if, in the opinion of the Secretary, they are unfit for human use or consumption. (2) A person may not hold an auction sale of any drug, medicine, cosmetic, pharmaceutical preparation, medicinal preparation, infant formula, or baby food in violation of an order issued under this section.
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