65-776. Political subdivisions of state prohibited from performing further inspection or assessment of fees.
65-776
65-776. Political subdivisions of state prohibitedfrom performing further inspection or assessment of fees.(a) All milk, milk products and dairyproducts which have been inspectedin accordancewith the provisions of this act,and any rules and regulationsadopted thereunder, may be moved, distributed or sold, any place in thisstate, and any furtherinspection by any political subdivision of this state shall be prohibited.The dulyauthorized official of any political subdivision of this state may take samplesof such productswhich have been moved into, distributed within or sold within, the boundariesof such politicalsubdivision of this state, for the sole purpose of determining that suchproducts meet thebacterial, butterfat, temperature and coliform standards prescribed in therules and regulationsadopted pursuant to this act. Nothing in this act shall be construed asprohibiting anyepidemiological investigations by the proper authorities of any politicalsubdivision.
(b) No political subdivision of this state shall be permitted to fix orimpose any licensefee, privilege or occupation tax or other charge against the productionpremises or the product oragainst any person as a prerequisite for the movement, distribution or sale ofany milk, milkproduct or dairy products within the state or any political subdivisionsthereof, and any samplingperformed by any political subdivision in accordance with the provisions ofsubsection (a) or any testing or inspection of milk or milk products by anypoliticalsubdivision forepidemiological purposes, shall be performed entirely at the expense of suchpolitical subdivision.
(c) The secretary or the secretary's authorized representative shall benotified ofany samplingbeing performed by political subdivisions within the state under theprovisions of this section.
History: L. 2001, ch. 32, § 6; July 1.