198.11 - INSPECTION, SAMPLING, AND ANALYSIS.
198.11 INSPECTION, SAMPLING, AND ANALYSIS.
1. For the purpose of enforcement of this chapter, 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 secretary,
upon presenting appropriate credentials, and a written notice to the
owner, operator or agent in charge, are authorized:
a. 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 feed.
b. 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 198.7, subsection 4.
2. A separate notice shall be given for each such inspection, but
a notice shall not be required for each entry made during the period
covered by the inspection. 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.
3. 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.
4. If the owner of any factory, warehouse, or establishment
described in subsection 1, or the owner's agent, refuses to admit the
secretary or the secretary's agent to inspect in accordance with
subsections 1 and 2, the secretary may obtain from any state court a
warrant directing such owner or the owner's agent to submit the
premises described in such warrant to inspection.
5. For the purpose of the enforcement of this chapter, the
secretary or the secretary'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.
6. Sampling and analysis shall be conducted in accordance with
methods published by the association of official analytical chemists,
or in accordance with other generally recognized methods.
7. The results of all analyses of official samples shall be
forwarded by the secretary to the person named on the label. When
the inspection and analysis of an official sample indicates a
commercial feed has been adulterated or misbranded and upon request
within thirty days following receipt of the analysis the secretary
shall furnish to the licensee a portion of the sample concerned.
8. The secretary, 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 198.3, and
obtained and analyzed as provided for in subsections 3, 5, and 6. Section History: Early Form
[C66, 71, 73, § 198.10; C75, 77, 79, 81, § 198.11] Section History: Recent Form
90 Acts, ch 1165, §16
Referred to in § 198.3