§ 35-7-121 — Inspections; examinations

(a) For purposes of enforcement of this act, the director
or a local health department official may, upon presenting
appropriate credentials to the owner, operator or agent in
charge:
(i) Enter at reasonable time any factory, warehouse
or establishment in which food, drugs, devices or cosmetics are
manufactured, processed or packed or held for introduction into
commerce or after introduction or to enter any vehicle being
used to transport or hold the food, drugs, devices or cosmetics
in commerce; and
(ii) Inspect at any reasonable times and within
reasonable limits and in a reasonable manner any factory,
warehouse, establishment or vehicle and all pertinent equipment,
finished and unfinished materials, containers and labeling
therein, and to obtain samples necessary to the enforcement of
this act, except that paragraph (i) of this subsection and this
paragraph do not permit the director to inspect any
establishment solely because it holds prepackaged food, drugs or
cosmetics for retail sale by that establishment. The frequency
of inspections shall be based on the relative food safety risk
that the factory, warehouse, establishment or vehicle presents
to the public, with no such facility receiving less than one (1)
inspection per year;
(iii) Have access to and to copy all records of
carriers in commerce showing the movement in commerce of any
food, drugs, devices or cosmetics, or holding thereof during or
after movement, and the quantity, shipper and consignee thereof.
(b) Upon completion of any inspection under this section
but before leaving the premises, the director shall give to the
owner, operator or agent in charge a report in writing setting
forth any conditions or practices observed by him which in his
judgment indicate that any food, drug, device or cosmetic in the
establishment:
(i) Consists in whole or in part of any filthy,
putrid or decomposed substance; or
(ii) Have been prepared, packed or held under
unsanitary conditions whereby it may have become contaminated
with filth or whereby it may have been rendered injurious to
health. A copy of the report shall be sent promptly to the
director.
(c) If the director obtains any sample during an
inspection under this section, he shall give to the owner,
operator or agent in charge a receipt describing the samples
obtained before leaving the premises.
(d) If the director obtains a sample of any food during an
inspection under this section and an analysis is made of the
sample, a copy of the results of the analysis shall be furnished
promptly to the owner, operator or agent in charge.
(e) Repealed By Laws 2000, Ch. 37, § 4.
(f) Any person conducting an inspection of an
establishment for the department or any local health department
shall demonstrate their qualifications by being a Wyoming or
nationally registered environmental health specialist or
sanitarian, a registered food safety specialist or hold an in-
training status and be working toward registration, be
standardized by the federal food and drug administration or meet
qualifications set forth by the director. Only a registered
environmental health specialist or a registered food safety
specialist shall be authorized to recommend the summary
suspension of an establishment license by a regulatory authority
pursuant to W.S. 35-7-125.
(g) Any inspector hired by a regulatory authority prior to
July 1, 2000, shall have two (2) years from July 1, 2000 to meet
the qualifications set forth in subsection (f) of this section.
Any inspector hired by a regulatory authority after July 1,
2000, shall have one (1) year to meet the qualifications set
forth in subsection (f) of this section.
(h) Subsection (a) of this section shall not apply to food
prepared for, served, consumed, stored or sold at a traditional
event or activity pursuant to W.S. 35-7-1703. The definitions
in W.S. 35-7-1702 shall apply to this subsection.