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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.


Sec. 75.7 Exemption statement.

(a) Any producer of any book, magazine, periodical, film,
videotape, digitally- or computer-manipulated image, digital image,
picture, or other matter may cause to be affixed to every copy of the
matter a statement attesting that the matter is not covered by the
record-keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part
if:
(1) The matter contains only visual depictions of actual sexually
explicit conduct made before July 3, 1995, or is produced,
manufactured, published, duplicated, reproduced, or reissued before
July 3, 1995;
(2) The matter contains only visual depictions of simulated
sexually explicit conduct; or,
(3) The matter contains only some combination of the visual
depictions described in paragraphs (a)(1) and (a)(2) of this section.
(b) If the primary producer and the secondary producer are
different entities, the primary producer may certify to the secondary
producer that the visual depictions in the matter satisfy the standards
under paragraphs (a)(1) through (a)(3) of this section. The secondary
producer may then cause to be affixed to every copy of the matter a
statement attesting that the matter is not covered by the record-
keeping requirements of 18 U.S.C. 2257(a)-(c) and of this part.


Sec. 75.8 Location of the statement.

(a) All books, magazines, and periodicals shall contain the
statement required in Sec. 75.6 or suggested in Sec. 75.7 either on
the first page that appears after the front cover or on the page on
which copyright information appears.
(b) In any film or videotape which contains end credits for the
production, direction, distribution, or other activity in connection
with the film or videotape, the statement referred to in Sec. 75.6 or
Sec. 75.7 shall be presented at the end of the end titles or final
credits and shall be displayed for a sufficient duration to be capable
of being read by the average viewer.
(c) Any other film or videotape shall contain the required
statement within one minute from the start of the film or videotape,
and before the opening scene, and shall display the statement for a
sufficient duration to be read by the average viewer.