Sec.  75.4  Location of records.

    Any producer required by this part to maintain records shall make 
such records available at the producer's place of business. Each record 
shall be maintained for seven years from the date of creation or last 
amendment or addition. If the producer ceases to carry on the business, 
the records shall be maintained for five years thereafter. If the 
producer produces the book, magazine, periodical, film, videotape, 
digitally- or computer-manipulated image, digital image, or picture, or 
other matter (including but not limited to Internet computer site or 
services) as part of his control of or through his employment with an 
organization, records shall be made available at the organization's 
place of business. If the organization is dissolved, the individual who 
was responsible for maintaining the records on behalf of the 
organization, as described in Sec.  75.6(b), shall continue to maintain 
the records for a period of five years after dissolution.


Sec.  75.5  Inspection of records.

    (a) Authority to inspect. Investigators authorized by the Attorney 
General (hereinafter ``investigators'') are authorized to enter without 
delay and at reasonable times any establishment of a producer where 
records under Sec.  75.2 are maintained to inspect during regular 
working hours and at other reasonable times, and within reasonable 
limits and in a reasonable manner, for the purpose of determining 
compliance with the record-keeping requirements of the Act and any 
other provision of the Act (hereinafter ``investigator'').
    (b) Advance notice of inspections. Advance notice of record 
inspections shall not be given.
    (c) Conduct of inspections.
    (1) Inspections shall take place during the producer's normal 
business hours

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and at such places as specified in Sec.  75.4. For the purpose of this 
part, ``normal business hours'' are from 9 a.m. to 5 p.m., local time, 
Monday through Friday, or any other time during which the producer is 
actually conducting business relating to producing depiction of actual 
sexually explicit conduct. To the extent that the producer does not 
maintain at least 20 normal business hours per week, producers must 
provide notice to the inspecting agency of the hours during which 
records will be available for inspection, which in no case may be less 
than twenty (20) hours per week.
    (2) Upon commencing an inspection, the investigator shall:
    (i) Present his or her credentials to the owner, operator, or agent 
in charge of the establishment;
    (ii) Explain the nature and purpose of the inspection, including 
the limited nature of the records inspection, and the records required 
to be kept by the Act and this part; and
    (iii) Indicate the scope of the specific inspection and the records 
that he or she wishes to inspect.
    (3) The inspections shall be conducted so as not to unreasonably 
disrupt the operations of the producer's establishment.
    (4) At the conclusion of an inspection, the investigator may 
informally advise the producer of any apparent violations disclosed by 
the inspection. The producer may bring to the attention of the 
investigator any pertinent information regarding the records inspected 
or any other relevant matter.
    (d) Frequency of inspections. A producer may be inspected once 
during any four-month period, unless there is a reasonable suspicion to 
believe that a violation of this part has occurred, in which case an 
additional inspection or inspections may be conducted before the four-
month period has expired.
    (e) Copies of records. An investigator may copy, at no expense to 
the producer, during the inspection, any record that is subject to 
inspection.
    (f) Other law enforcement authority. These regulations do not 
restrict the otherwise lawful investigative prerogatives of an 
investigator while conducting an inspection.
    (g) Seizure of evidence. Notwithstanding any provision of this part 
or any other regulation, a law enforcement officer may seize any 
evidence of the commission of any felony while conducting an 
inspection.


Sec.  75.6  Statement describing location of books and records.

    (a) Any producer of any book, magazine, periodical, film, 
videotape, digitally- or computer-manipulated image, digital image, or 
picture, or other matter (including but not limited to Internet 
computer site or services) that contains one or more visual depictions 
of an actual human being engaged in actual sexually explicit conduct 
made after July 3, 1995, and produced, manufactured, published, 
duplicated, reproduced, or reissued on or after July 3, 1995, shall 
cause to be affixed to every copy of the matter a statement describing 
the location of the records required by this part. A producer may cause 
such statement to be affixed, for example, by instructing the 
manufacturer of the book, magazine, periodical, film, videotape, 
digitally- or computer-manipulated image, digital image, picture, or 
other matter to affix the statement.
    (b) Every statement shall contain:
    (1) The title of the book, magazine, periodical, film, or 
videotape, digitally- or computer-manipulated image, digital image, 
picture, or other matter (unless the title is prominently set out 
elsewhere in the book, magazine, periodical, film, or videotape, 
digitally- or computer-manipulated image, digital image, picture, or 
other matter) or, if there is no title, an identifying number or 
similar identifier that differentiates this matter from other matters 
which the producer has produced;
    (2) The date of production, manufacture, publication, duplication, 
reproduction, or reissuance of the matter; and, (3) A street address at 
which the records required by this part may be made available. The 
street address may be an address specified by the primary producer or, 
if the secondary producer satisfies the requirements of Sec.  75.2(b), 
the address of the secondary producer. A post office box address does 
not satisfy this requirement.
    (c) If the producer is an organization, the statement shall also 
contain the name, title, and business address of the individual 
employed by such organization who is responsible for maintaining the 
records required by this part.
    (d) The information contained in the statement must be accurate as 
of the date on which the book, magazine, periodical, film, videotape, 
digitally or computer-manipulated image, digital image, picture, or 
other matter is produced or reproduced.
    (e) For the purposes of this section, the required statement shall 
be displayed in typeface that is no less than 12-point type or no 
smaller than the second-largest typeface on the material and in a color 
that clearly contrasts with the background color of the material. For 
any electronic or other display of the notice that is limited in time, 
the notice must be displayed for a sufficient duration and of a 
sufficient size to be capable of being read by the average viewer.