§1398. Inspection, sampling, and analysis
A.For the purpose of enforcement of this Part and in order to determine whether its
provisions have been complied with, including whether or not an operation may be subject
to such provisions, officers or employees duly designated by the commissioner upon
presenting appropriate credentials to the owner, operator, or employee in charge are
authorized to enter, during normal business hours, any premises within the state in which
commercial feeds are manufactured, processed, packed, held for distribution, or sold or to
enter any vehicle being used to commercially transport or hold such feeds; and to obtain
official samples and to inspect at reasonable times and within reasonable limits and in a
reasonable manner such premises or vehicle and all perti
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§1398. Inspection, sampling, and analysis
A. For the purpose of enforcement of this Part and in order to determine whether its
provisions have been complied with, including whether or not an operation may be subject
to such provisions, officers or employees duly designated by the commissioner upon
presenting appropriate credentials to the owner, operator, or employee in charge are
authorized to enter, during normal business hours, any premises within the state in which
commercial feeds are manufactured, processed, packed, held for distribution, or sold or to
enter any vehicle being used to commercially transport or hold such feeds; and to obtain
official samples and to inspect at reasonable times and within reasonable limits and in a
reasonable manner such premises or vehicle and all pertinent equipment, finished and
unfinished materials, containers, and labeling thereof. The inspection may include the
verification of such records and production and control procedures as may be necessary to
determine compliance with good manufacturing practice regulations for medicated feeds by
regulation of the commission. In promulgating such regulations, the commission may adopt
the good manufacturing practice regulations in accordance with 21 CFR Part 225, Part 226,
and Part 507, Subparts A, B, C, E, and F, except when the commission determines that these
federal regulations are not appropriate to the conditions which exist in this state. Each such
inspection shall be commenced and completed with reasonable promptness. Upon
completion of the inspection, the person in charge of the facility or vehicle shall be notified.
B. If the officer or employee making such inspection of a factory, warehouse, or
other establishment has obtained an official sample in the course of the inspection, upon
completion of the inspection and prior to leaving the premises he shall give to the owner,
operator, or agent in charge a receipt describing the samples obtained.
C. For the purpose of the enforcement of this Part, the commissioner, or his duly
designated agent, is authorized to enter upon any premises, including any vehicle of
transport, during regular business hours to have access to and to examine records relating to
distribution of commercial feeds.
D. If the owner of any premises or his agent refuses to admit the commissioner or
his agent to inspect or sample, the commissioner is authorized to obtain from any state court
of competent jurisdiction and venue an appropriate order to submit the premises described
in such order to inspection.
E. Sampling and analysis shall be conducted in accordance with methods published
by the Association of Official Analytical Chemists or in accordance with other generally
recognized methods.
F. The results of all analyses of official samples shall be forwarded by the
commissioner to the registrant and to the owner of record at the time of sampling. When the
inspection and analysis of an official sample indicates a commercial feed has been
adulterated or misbranded and upon request within ten days following receipt of the analysis,
the commissioner shall furnish to the registrant a portion of the official sample analyzed.