4-10-10 - Enforcement -- Inspection authorized -- Samples -- Reimbursement for samples -- Warrants.
4-10-10. Enforcement -- Inspection authorized -- Samples -- Reimbursement forsamples -- Warrants.
(1) (a) The department may access public and private premises where articles subject tothis chapter are manufactured, repaired, stored, or sold for the purpose of determiningcompliance with this chapter.
(b) For purposes of determining compliance, the department may:
(i) open any upholstered furniture, bedding, or quilted clothing to obtain a sample forinspection and analysis of filling material; or
(ii) if considered appropriate by the department, take the entire article for inspection andanalysis.
(c) Upon request, the department shall reimburse the owner or person from whom asample or article is taken in accordance with this Subsection (1) for the actual cost of the sampleor article.
(2) The department may proceed immediately, if admittance is refused, to obtain an exparte warrant from the nearest court of competent jurisdiction to allow entry upon the premisesfor the purpose of making inspections and taking samples or articles.
Amended by Chapter 73, 2010 General Session