200A.10 - EXAMINATIONS.

        200A.10  EXAMINATIONS.
         1.  The department shall maintain a laboratory with the equipment
      and employees necessary to conduct examinations of bulk dry animal
      nutrient products and to effectively administer and enforce this
      chapter.
         2.  The department, or a person authorized as an agent by the
      department, shall examine bulk products distributed in this state.
      An examination may include taking samples, conducting inspections and
      tests, and analyzing the bulk product.
         3.  The department shall conduct the examinations to the extent
      that the department determines necessary in order to conclude whether
      a bulk product is in compliance with the provisions of this chapter.

         a.  The department may enter upon any public or private
      premises during regular business hours in a manner consistent with
      the laws of this state and the United States, including Article I,
      section 8, of the Constitution of the State of Iowa, and the fourth
      amendment to the Constitution of the United States, for purposes of
      carrying out an examination.
         b.  The methods for examination shall be the official methods
      of the association of official agricultural chemists in all cases
      where methods have been adopted by the association.
         c.  A sworn statement by the state chemist or the state
      chemist's deputy stating the results of an analysis of an official
      sample from a lot of a bulk dry animal nutrient product shall
      constitute prima facie evidence of the correctness of the analysis of
      that lot in courts of this state.
         d.  The department, in determining for administrative purposes
      whether a bulk product is deficient in guaranteed active ingredients,
      shall rely upon the official sample obtained and analyzed by the
      state chemist or the state chemist's deputy.
         e.  The results of an official analysis of a bulk product
      which has been found to be in violation of any provision of this
      chapter shall be forwarded by the department to the registrant.  Upon
      request, the department shall furnish the registrant a portion of any
      official sample.  
         Section History: Recent Form
         98 Acts, ch 1145, §10