4-12-6 - Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or permittee -- Warrants.
4-12-6. Enforcement -- Inspection and samples authorized -- Methods for samplingand analysis prescribed -- Results to be forwarded to registrant or permittee -- Warrants.
(1) The department shall periodically sample, inspect, analyze, and test commercial feedsdistributed within this state and may enter any public or private premises or vehicle for thepurpose of determining compliance with this chapter. It may also in conjunction with suchactivities inspect records to determine compliance with this chapter.
(2) Methods for sampling and for analyses of feed ingredients, mineral ingredients, orother ingredients, or analyses of commercial feed mixtures (customer-formula feeds) shall bemade in accordance with methods published by the Association of Official Analytical Chemists orother generally recognized methods.
(3) The department shall be guided by the official sample in determining whether acommercial feed is misbranded, adulterated, or otherwise deficient.
(4) The results of all tests of official samples shall be forwarded by the department to theregistrant or permittee, as the case may be, to the address specified on the container, label, or onthe written statement or invoice. In addition, the department shall furnish to the registrant orpermittee part of any official sample which it determines is misbranded or adulterated uponwritten request to the department made by the registrant within 30 days after receipt of theunsatisfactory test results.
(5) 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 obtaining samples.
Enacted by Chapter 2, 1979 General Session