3-618. Sampling by purchaser; preservation; records

A. A person buying milk or cream from a producer to be paid for on the basis of the percentage of milk fat contained therein, and for such purpose taking individual samples to form a composite sample for periodic testing, shall, at the request of the producer, at the end of the period for which the composite samples are taken, thoroughly mix and divide the samples into two approximately equal parts and tender one of the samples to the producer or an authorized representative thereof. The producer may have the composite sample tested by a licensed tester in the presence of the person buying the milk or cream or his authorized representative. If the producer or the purchaser is not satisfied with the result of the test, the samples shall be submitted to a qualified technician or laboratory and an ether extraction butterfat test made. The result of the ether extract butterfat test shall be final and binding on both parties.

B. A person testing composite samples of milk or cream received from a producer, the value of which is determined by the milk fat content, shall preserve intact the remaining portion of the sample from which the test is made and shall keep the same for not less than forty-eight hours after completion of the test for the purpose of permitting the associate director or an authorized representative thereof to examine and test the remaining portion. The samples shall be preserved so as to insure an accurate test being made.

C. A person making tests of samples of milk or cream shall immediately after completion of the tests, prepare a list of the names or numbers of the producers of the milk or cream tested, and opposite the producer's name or number the per cent of milk fat contained in each sample. The list shall be signed by the person making the test and shall contain the number of the state license under which the test was made. A copy of the list shall be deposited immediately after the test in a lock box so constructed that the records cannot be readily removed therefrom except by the associate director, who shall supply the lock therefor and retain all keys to the lock. Each purchaser or receiver shall, on written request, mail or deliver to the producer at the time of making the list, a written statement of the percentage of milk fat contained in the sample representing the milk or cream delivered by the producer.

D. Unless otherwise provided by written permission of the associate director, a sample of milk or cream tested by the purchaser or his authorized representative shall be tested only at the place where received, and shall not be removed from the plant or place where tested less than forty-eight hours from the date of testing.