§ 106-284.42. Inspection, sampling, and analysis.
§ 106‑284.42. Inspection, sampling, and analysis.
(a) For the purpose of enforcement of this Article, and in orderto determine whether its provisions have been complied with, including whetheror not any operations may be subject to such provisions, officers or employeesduly designated by the Commissioner upon presenting appropriate credentials, tothe owner, operator, or agent in charge, are authorized (i) to enter, duringnormal business hours or actual operation, any factory, warehouse, or establishmentwithin the State in which commercial feeds are manufactured, processed, packed,or held for distribution and take samples therefrom or to enter any vehiclebeing used to transport or hold such feeds and take samples therefrom; and (ii)to inspect during normal business hours or while in operation, such factory,warehouse, establishment or vehicle and all pertinent equipment, finished orunfinished materials, containers, and labeling therein. The inspection mayinclude the verification of such records, and production and control proceduresas may be necessary to determine compliance with this Article.
(b) A separate presentation of appropriate credentials shall begiven for each such inspection, but a presentation shall not be required foreach entry made during the period covered by the inspection. Each suchinspection shall be commenced and completed with reasonable promptness. Uponcompletion of the inspection, the person in charge of the facility or vehicleshall be so notified.
(c) If the officer or employee making such inspection of afactory, warehouse, or other establishment has obtained a sample(s) in thecourse of the inspection, upon completion of the inspection and prior toleaving the premises he shall give to the owner, operator, or agent in charge areceipt describing the sample(s) obtained.
(d) If the owner of any factory, warehouse or establishmentdescribed in subsection (a), or his agent, refuses to admit the Commissioner orhis agent to inspect in accordance with subsections (a) and (b), theCommissioner or his agent is authorized to obtain without notice from anydistrict or superior court judge within the county where the facility islocated, an order directing such owner or his agent to submit the premisesdescribed in such order to inspection.
(e) Sampling and analysis shall be conducted in accordance withmethods published by the Association of Official Analytical Chemists, or inaccordance with other generally recognized methods.
(f) The results of all analyses of official samples shall beforwarded by the Commissioner to the person named on the label and to thedealer. When the inspection and analysis of an official sample indicates acommercial feed has been adulterated or misbranded, and upon written requestwithin 30 days following receipt of the analysis, the Commissioner shallfurnish to the registrant a portion of the sample concerned.
(g) The Commissioner, in determining for administrative purposeswhether a commercial feed is deficient in any component, shall be guided by theofficial sample as defined in G.S. 106‑284.33, subdivision (14), andobtained and analyzed as provided for in subsections (a), (c), and (e) of thissection.
(h) The Board is authorized to adopt regulations establishingpermitted analytical variation providing for reasonable deviation from theguaranteed analysis.
(i) The registrant of a commercial feed found to be insignificant violative deviation from the guarantee shall be subject to apenalty for this deviation.
(j) If the analysis of a sample shows a deviation frompermitted analytical variation established by the Board, the registrant orother responsible person shall be penalized according to the followingschedule:
ComponentDeviating Method of Penalty Assessment
Crude protein............................. Threetimes the relative percentage * of deviation from the guarantee times theretail value of the commercial feed.
Crude fat.................................... Tenpercent (10%) of retail value of the lot of commercial feed.
Crude fiber................................. Tenpercent (10%) of retail value of the lot of commercial feed.
Vitamins..................................... Tenpercent (10%) of retail value of the lot of commercial feed.
Minerals..................................... Tenpercent (10%) of retail value of the lot of commercial feed.
Crude protein
equivalent from
nonprotein
nitrogen...................................... Tenpercent (10%) of retail value of the lot of commercial feed.
Animal drugs.............................. Twentypercent (20%) of retail value of the lot of commercial feed.
Antibiotics.................................. Twentypercent (20%) of retail value of the lot of commercial feed.
Other analysis............................. Tenpercent (10%) of retail value of the lot of commercial feed.
* Example, a feed guaranteed 16.0% protein and assaying only 14.0%,will be considered as 2.0%/16.0%, or 12.5% deficient in protein. The penaltywill be computed as 3 x 0.125 x retail value of the feed, or 0.375 x retailvalue of the feed.
(k) Penalties for multiple deficiencies within a sample shall beadditive; provided that in no case shall the penalty exceed the retail value ofthe product. The minimum penalty under any of the foregoing provisions shall betwenty‑five dollars ($25.00) or the retail value of the product whicheveris smaller, regardless of the value of the deficiency.
(l) Within 60 days from the date of written notice by theCommissioner or his duly designated agent to the manufacturer, guarantor,dealer or agent, all penalties assessed and collected under this section shallbe paid to the purchaser of the lot of feed or canned pet food represented bythe sample analyzed. When such penalties are paid, receipts shall be taken andpromptly forwarded to the Commissioner of Agriculture. If said consumers cannotbe found, the clear proceeds of the penalty assessed shall be remitted to theCivil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. (1973, ch. 771, s. 13; 1997‑261, s. 109; 1998‑215,s. 11.)