Effective 01 Jan 1998, see footnote

266.200. Inspections, how made — sampling and analysis, how conducted. — 1. For the purpose of enforcement of sections 266.152 to 266.220, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the director, upon presenting appropriate credentials and giving notice to the owner, operator, or agent in charge, are authorized:

(1) To enter, during normal business hours, any factory, warehouse, or establishment within this state in which commercial feeds including customer-formula feeds are manufactured, processed, packed, or held for distribution, or to stop and enter any vehicle being used to transport or hold such feeds; and

(2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, commercial feed, including customer-formula feeds and any associated factory, warehouse, establishment and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with sections 266.152 to 266.220 and the good manufacturing practice regulations established pursuant to paragraph (d) of subdivision (1) of subsection 1 of section 266.180.

2. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. 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 so notified.

3. If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises such officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.

4. If the owner of any factory, warehouse, or establishment described in subsection 1 of this section, or such owner's agent, refuses to admit the director or the director's agent to inspect in accordance with subsections 1 and 2 of this section, the director is authorized to obtain from any state court a warrant directing such owner or such owner's agent to submit the premises described in such warrant to inspection.

5. For the enforcement of sections 266.152 to 266.220, the director or the director's duly designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.

6. 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.

7. The results of all analyses of official samples may be forwarded by the director to the guarantor and to the distributor. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, the results of the analysis shall be forwarded by the director to the distributor and the guarantor. Upon request and within thirty days the director shall furnish to the guarantor a portion of the sample concerned.

8. The director, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subdivision (16) of section 266.160 and obtained and analyzed as provided for in subsections 3, 5, 6 and 9 of this section.

9. To measure the quality of a customer-formula feed and noncommercial feed ingredients an analysis will be performed by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists. The results of this analysis will be sent to the end user and manufacturer to advise them of the nutritional content of the feed.

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(L. 1972 S.B. 506 § 12, A.L. 1997 H.B. 211)

Effective 1-01-98