§ 35-33-104 — Commissioner of agriculture - powers and duties

(1) The
commissioner is hereby authorized to formulate reasonable rules and standards of
construction, labeling, operation, record keeping, and sanitation for all processing
facilities and shall establish rules and standards pertaining to containers,
packaging materials, mobile slaughter units, slaughter rooms, processing rooms,
chill rooms, storage and locker rooms, sharp freezing facilities, and premises of
processing facilities, with respect to the service of slaughtering, cutting, preparing,
wrapping, and packaging meat and meat products necessary for the proper
preservation of food.

(2) It is the duty of the department to enforce the provisions of this article
and rules, regulations, and standards established in accordance therewith.

(3) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123, p. 511, � 6, effective
April 16, 2009.)

(4) (a) The commissioner, upon consent or upon obtaining an administrative
search warrant, shall have the right of access to any premises for the purpose of
any examination or inspection necessary to enforce this article or the rules
promulgated thereunder, including inspection and copying of any relevant records.

(b) The commissioner may administer oaths and take statements, issue
subpoenas requiring the attendance of witnesses and the production of books,
memoranda, papers, and other documents, articles, or instruments, and compel the
disclosure by such witnesses of all facts known to them relative to the matters
under investigation. Upon the failure or refusal of any witness to obey any
subpoena, the commissioner may petition the district court, and, upon a proper
showing, the court may enter an order compelling the witness to appear and testify
or produce documentary evidence. Failure to obey such an order of the court shall
be punishable as a contempt of court.

(5) The commissioner may, whenever immediate enforcement of any of the
provisions of this article is deemed necessary for the protection of the public health
or welfare, issue and enforce a written cease-and-desist order to any person found
in violation of any of the provisions of this article or the rules promulgated
thereunder.

(6) When the commissioner has reasonable cause to believe that any meat or
meat product is being held, slaughtered, or processed in violation of this article 33
or the rules adopted under this article 33, and when such product endangers the
public health, safety, or welfare, the commissioner may issue and enforce a written
retention order prohibiting any person from moving or otherwise disposing of the
retained product in any manner without written permission of the commissioner.
Within five days after the issuance of a retention order, the commissioner shall hold
a hearing to determine whether the retained product should be condemned or
released to the owner. If the product is found to be adulterated, and the product
cannot be brought into compliance with this article 33, the commissioner shall
order that the retained product is inedible meat and the product shall be disposed
of.

(7) (Deleted by amendment, L. 95, p. 31, � 2, effective July 1, 1995.)

Legislative History

Source: L. 89: Entire article R&RE, p. 1386, � 1, effective April 12. L. 90: (7) added, p. 333, � 22, effective April 3. L. 95: (1) and (7) amended, p. 31, � 2, effective July 1. L. 2009: (1) and (3) to (6) amended, (SB 09-117), ch. 123, p. 511, � 6, effective April 16. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1698, � 110, effective August 7. L. 2016: (1) amended, (SB 16-058), ch. 158, p. 500, � 3, effective May 4. L. 2025: (6) amended, (HB 25-1084), ch. 24, p. 122, � 98, effective August 6.