§ 11-13-106 — Right of access to establishments and information relating to manufacturing; sampling and analysis

Wyoming § 11-13-106

• Jurisdiction: Wyoming
• Title 11: Agriculture, Livestock and Other Animals
• Ch. 13: COMMERCIAL FEED

Text

(a) The director or his agent shall have access during
normal business hours to establishments or facilities in which
commercial feed is manufactured, transported or held for
distribution, and to information relating to manufacture,
transportation or distribution of the feed for purposes of
sampling and inspection.
(b) The methods of sampling and analysis shall be those
adopted by the director from the Association of Official
Analytical Chemists. In cases not covered by such methods, or in
cases where methods are available in which improved
applicability has been demonstrated, the director may adopt such
appropriate methods from other sources. The director, in
determining whether a commercial feed is deficient in any
component, shall be guided solely by the official sample
analyzed in accordance with the methods so adopted. A deficiency
in an official sample of commercial feed resulting from
nonuniformity during packaging is deemed to be a deficiency for
the purposes of this act. For purposes of this act, the results
of official analysis shall be final, unless it is determined by
the director that a resample is warranted. If a distributor or
registrant requests a resample of a commercial feed based upon
the director's findings of a deficiency, all costs associated
with the resampling and analysis shall be borne by the
distributor or registrant. If the results of the resampling
establish the result of the first analysis was invalid, the
department shall bear the costs associated with the resampling.
Any requests for a resample to the director shall be made in
writing.
(c) When the inspection and analysis of an official sample
indicates a commercial feed has been adulterated or misbranded,
the results of analysis shall be forwarded by the director to
the distributor and the purchaser. The following shall apply:
(i) A commercial feed shall be deemed to be
misbranded if:
(A) Its labeling is false or misleading in any
particular;
(B) It is distributed under the name of another
commercial feed;
(C) It is not labeled as required in W.S.
11-13-103;
(D) It purports to be or is represented as a
commercial feed or if it purports to contain or is represented
as containing a commercial feed unless such feed conforms to the
definition outlined by the official publication of the
Association of American Feed Control Officials, except as the
director designates otherwise in specific cases;
(E) Any word, statement or other information
required by or under the authority of this act does not appear
conspicuously on the label, and in such terms that the ordinary
person under customary conditions of purchase and use would not
understand;
(F) The commercial feed is short weight. All
provisions for enforcement of items found to be short weight
shall be administered by the department under W.S. 40-10-117
through 40-10-136 of the Wyoming weights and measures law.
(ii) A commercial feed shall be deemed to be
adulterated if:
(A) It bears or contains any poisonous or
deleterious substance which may render it injurious to health,
but in case the substance is not an added substance, such
commercial feeds shall not be considered adulterated under this
subsection if the quantity of such substance does not ordinarily
render it injurious to health;
(B) It contains an unapproved food and drug
administration drug, medication or animal remedy;
(C) Any valuable constituent has been in whole
or in part omitted or abstracted therefrom or any less valuable
substance substituted therefor;
(D) It contains any prohibited noxious weed
seeds or exceeds the tolerance established on restricted noxious
weed seeds pursuant to W.S. 11-12-104 or exceeds two percent
(2%) of viable common weed seeds by weight.