§ 35-60-110 — Enforcement - inspection - sampling - analysis

Colorado § 35-60-110

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Commercial Feeding Stuffs

Text

(1) For the
purpose of enforcing this article and the rules promulgated pursuant thereto,
including the determination of whether or not an operation may be subject to this
article, the commissioner, upon presenting appropriate credentials to the owner,
operator, or agent in charge, is authorized to:

(a) Enter, during normal business hours, any building, structure, land, vehicle,
or other premises or property, public or private, within the state, in or on which
feeds are manufactured, processed, packed, distributed, transported, stored,
disposed of, or used as feed for any cattle, sheep, goats, swine, poultry, or any other
animals if such animals are raised to produce human food, and to inspect such
premises, property, or vehicle and all pertinent equipment, finished and unfinished
materials, containers, records, and labeling in or on such premises, property, or
vehicle. The inspection may include obtaining samples and the verification of
records and production and control procedures as may be necessary to determine
compliance with the rules adopted under section 35-60-107 (2)(n) or (2)(p).

(b) (Deleted by amendment, L. 2007, p. 997, � 11, effective May 22, 2007.)

(2) If the commissioner has obtained a sample in the course of an inspection,
upon completion of the inspection and prior to leaving the premises, the
commissioner shall give to the owner, operator, or agent in charge of the premises a
receipt describing the samples obtained.

(3) If the owner, or the owner's agent, of any building, structure, land,
vehicle, or other premises or property described in subsection (1) of this section
refuses to admit the commissioner to inspect such premises, property, or vehicle,
the commissioner is authorized to obtain from the district or county court for the
district or county in which such premises, property, or vehicle is located a warrant
to enter and inspect such premises, property, or vehicle and to sample such feeds,
feed ingredients, or raw agricultural commodities according to this section prior to
entry, inspection, and sampling. The district and county courts of this state are
empowered to issue such warrants upon a proper showing of the need for such
entry, inspection, and sampling. Any information concerning any methods, records,
formulations, or processes that are entitled to protection as trade secrets under the
Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S., and that are
obtained in the course of the inspection or sampling shall be kept confidential.

(4) Sampling and analysis performed pursuant to this section shall be
conducted in accordance with methods published by the international association
of official analytical chemists or other generally recognized methods.

(5) The commissioner, in determining whether a feed is in violation in any
component, shall be guided by the official sample as defined in section 35-60-102
(15) and obtained and analyzed in accordance with subsections (1) and (2) of this
section.

(6) The results of all analyses of official samples revealing violations shall be
forwarded by the commissioner to the person named on the label and to the
purchaser. When the inspection and analysis of an official sample indicated a
commercial feed has been adulterated or misbranded and upon request within
thirty days following the receipt of the analysis, the commissioner shall furnish to
the manufacturer a portion of the sample concerned.

Legislative History

Source: L. 99: Entire article R&RE, p. 575, � 1, effective January 1, 2000. L. 2007: (1), (3), and (5) amended, p. 997, � 11, effective May 22. L. 2009: (3) amended, (SB 09-292), ch. 369, p. 1979, � 112, effective August 5.