§720. Inspection, sampling and analysis
1. Inspection. For the purpose of enforcement of this subchapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the commissioner, upon presenting appropriate credentials, are authorized to enter, during normal business hours, any factory, warehouse or establishment within the State in which commercial feeds are manufactured, processed, packed or held for distribution, or to enter any vehicle being used to transport or hold such feeds, and to inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under section 717, subsection 4.
[PL 1971, c. 77, §1 (NEW).]
2. Completion. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
[PL 1971, c. 77, §1 (NEW).]
3. Receipt of sample. If the officer or employee making such inspection of a factory, warehouse or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises the officer or employee shall give to the owner, operator or agent in charge a receipt describing the samples obtained.
[RR 2021, c. 1, Pt. B, §98 (COR).]
4. Warrant. If the owner of any factory, warehouse or establishment described in subsection 1, or the owner's agent, refuses to admit the commissioner or the commissioner's agent to inspect in accordance with subsections 1 and 2, the commissioner is authorized to obtain from any state court a warrant directing such owner or owner's agent to submit the premises described in such warrant to inspection.
[RR 2021, c. 1, Pt. B, §99 (COR).]
5. Entry. For the purpose of the enforcement of this subchapter, the commissioner or the commissioner's duly designated agent is authorized to enter upon any public or private premises, including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.
[RR 2021, c. 1, Pt. B, §100 (COR).]
6. Methods. Sampling and analysis must be conducted in accordance with methods published by the Association of Official Analytical Chemists, or in accordance with other generally recognized methods.
[PL 2005, c. 512, §40 (AMD).]
7. Results. The results of all analyses of official samples shall be forwarded by the commissioner to the person named on the label and to the purchaser, if known, and the distributor of the feed. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, and upon request within 30 days following receipt of the analysis, the commissioner shall furnish to the registrant a portion of the sample concerned.
[RR 1991, c. 1, §16 (COR).]
8. Official sample. The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in section 712, subsection 13 and obtained and analyzed as provided for in subsections 3, 5 and 6.
[PL 1971, c. 77, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW). RR 1991, c. 1, §16 (COR). PL 2005, c. 512, §40 (AMD). RR 2021, c. 1, Pt. B, §§98-100 (COR).