4-5-105. Inspection of premises and records -- Authority to take samples -- Inspection results reported.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

(1)An authorized agent of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may:

(a)enter at reasonable times a factory, farm, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce or after introduction into commerce;

(b)enter a vehicle being used to transport or hold food in commerce;

(c)inspect at reasonable times and within reasonable limits and in a reasonable manner a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling located within the factory, warehouse, establishment, or vehicle;

(d)obtain samples necessary for the enforcement of this chapter if the department:

(i)pays the posted price for the sample if requested to do so; and

(ii)receives a signed receipt from the person from whom the sample is taken; and

(e)have access to and copy all records of carriers in commerce showing:

(i)the movement in commerce of food;

(ii)the holding of food during or after movement in commerce; and

(iii)the quantity, shipper, and consignee of food.

(2)Evidence obtained under this section may not be used in a criminal prosecution of the person from whom the evidence was obtained.

(3)A carrier is subject to the other provisions of this chapter by reason of the carrier's receipt, carriage, holding, or delivery of food in the usual course of business as a carrier.

(4)After the inspection of a factory, warehouse, consulting laboratory, or other establishment and before leaving the premises, the authorized agent making the inspection shall give the owner, operator, or agent in charge a written report describing any conditions or practices observed by the agent during the inspection which, in the agent's judgment, indicate that a food in the establishment:

(a)consists in whole or in part of a filthy, putrid, or decomposed substance; or

(b)has been prepared, packed, or held under unsanitary conditions whereby the food may have become contaminated with filth or been rendered injurious to health.

(5)A copy of the report required under Subsection

(4)shall be sent promptly to the department.

(6)If the authorized agent making the inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, the agent shall give to the owner, operator, or agent in charge:

(a)a receipt describing the samples obtained; and

(b)if an analysis is made of the sample for the purpose of ascertaining whether the food consists in whole or in part of a filthy, putrid, or decomposed substance or is otherwise unfit for food, a copy of the results of the analysis.

Amended by Chapter 32 , 2019 General Session