4-12-106.
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Effective 5/8/2018
4-12-106. Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or licensee -- Warrants.
(1)In order to determine compliance with this chapter, the department:
(a)shall periodically sample, inspect, analyze, and test commercial feeds distributed within this state;
(b)may enter during normal business hours, within reasonable limits, and in a reasonable manner, any:
(i)factory;
(ii)warehouse; or
(iii)establishment in which commercial feed is manufactured, processed, packed, or held for distribution; and
(c)may enter any vehicle used to transport or hold commercial feed in order to inspect:
(i)equipment;
(ii)finished and unfinished materials;
(iii)containers;
(iv)records; and
(v)labels.
(2)The department's methods for sampling and for analyses of feed ingredients, mineral ingredients, or other ingredients, or for analyses of customer-formula feeds, shall be in accordance with methods published by the Association of Official Analytical Chemists or other generally recognized methods.
(3)The official sample shall guide the department in determining whether a commercial feed is misbranded, adulterated, or otherwise deficient.
(4)The department shall:
(a)forward the results of all tests of official samples to the manufacturer, distributer, licensee, or registrant using the address specified on the container, label, or on the written statement or invoice; and
(b)furnish to the manufacturer, distributer, licensee, or registrant part of any official sample that the department determines is misbranded or adulterated upon written request to the department by the manufacturer, distributer, licensee, or registrant within 30 days after receipt of the unsatisfactory test results.
(5)If the department is refused admittance authorized by Subsections (1)(b) and (1)(c) , the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.
Renumbered and Amended by Chapter 355 , 2018 General Session