4-32-8 - Discretionary functions, powers, and duties of commissioner prescribed.
4-32-8. Discretionary functions, powers, and duties of commissioner prescribed.
The commissioner may:
(1) remove inspectors from any official establishment that fails to:
(a) destroy condemned products pursuant to Subsection 4-32-7(2); or
(b) comply with any other of this chapter's requirements;
(2) refuse to provide inspection for any official establishment for any cause specified inSection 401 of the Federal Meat Inspection Act or Section 18 of the federal Poultry ProductsInspection Act;
(3) withhold the use of labels and containers if the labeling is false or misleading or thecontainers are misleading in size or form;
(4) prescribe the type size and style to be used for labeling:
(a) information;
(b) definitions; and
(c) standards of identity, composition, or container fill;
(5) prescribe conditions for the storage and handling of meat and poultry products by anyperson who sells, freezes, stores, or transports these products to prevent them from becomingadulterated or misbranded;
(6) require that equines be slaughtered and prepared in official establishments separatefrom those where other animals are slaughtered or their products are prepared;
(7) require that the following people register the name and address of each place ofbusiness and all trade names:
(a) broker;
(b) renderer;
(c) animal food manufacturer;
(d) wholesaler;
(e) public warehouseman of meat or poultry products; or
(f) anyone engaged in the business of buying, selling, or transporting any:
(i) dead, dying, disabled, or diseased animals; or
(ii) parts of animal carcasses that died other than by slaughter;
(8) make inspections of official establishments at night, as well as during the day, ifanimals or meat and poultry products are slaughtered and prepared for commercial purposes inthose establishments at night;
(9) divide the state into inspection districts and designate killing days and partial killingdays for each official establishment;
(10) cooperate with the Secretary of Agriculture of the United States in theadministration of this chapter and accept federal assistance and use funds appropriated for theadministration of this chapter to pay the state's proportionate share of the cooperative program;
(11) recommend the names of officials and employees of the department to the Secretaryof Agriculture of the United States for appointment to the advisory committees provided for inthe federal acts;
(12) serve as the representative of the governor for consultation with the Secretary ofAgriculture under paragraph (c) of Section 301 of the Federal Meat Inspection Act and Section5(c) of the federal Poultry Products Inspection Act, unless the governor selects anotherrepresentative; and
(13) exempt from inspection:
(a) the slaughter and processing of an animal by any person who raises an animal for theperson's own use, members of the person's household, employees, or nonpaying guests;
(b) custom exempt slaughter and processing operations;
(c) farm custom slaughter performed by a licensee; and
(d) any other operation, if the exemption:
(i) furthers the purposes of this chapter; and
(ii) conforms to federal acts.
Amended by Chapter 242, 2010 General Session