Section 76-19-9 - Inspection, sampling and analysis.
76-19-9. Inspection, sampling and analysis.
A. It shall be the duty of the board, who may act through its authorized agent, to sample, inspect, make analyses of and test commercial feeds and customer-formula feeds distributed within New Mexico at such time and place to such an extent as may be deemed necessary to determine whether such feeds are in compliance with the provisions of the Commercial Feed Law [76-19-1 to 76-19-14 NMSA 1978]. The board, individually or through its agent, is authorized to:
(1) enter, during normal business hours, any public or private premises including any vehicle of transport, any factory, warehouse or establishment within New Mexico in which commercial feeds are manufactured, processed, packed or held for distribution;
(2) inspect such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling;
(3) have access to commercial feeds;
(4) obtain samples; and
(5) examine records relating to the distribution of commercial feeds.
B. The methods of sampling and analysis shall be those adopted by the board from sources such as the journal of the association of official agricultural chemists.
C. The board, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided solely by the official sample as defined in Subsection P of Section 76-19-3 NMSA 1978 and obtained and analyzed as provided for in Subsection B of this section.
D. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the board to the distributor and the purchaser. Upon request within thirty days, the board shall furnish to the distributor a portion of the sample concerned.