(a) Any designated agent of the Commissioner of Agriculture, upon presenting appropriate credentials, may (1) enter, during normal business hours, any factory, warehouse or establishment within this state in which commercial feeds are manufactured, processed, packed or held for distribution, or to enter any vehicle being used to transport or hold such feeds, (2) inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling for compliance with the provisions of this chapter, and (3) obtain samples of commercial feeds for laboratory analysis.
(b) Any inspection conducted pursuant to this chapter 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.
(c) Whenever the commissioner or the commissioner's designated agent has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, the commissioner or the commissioner's designated agent shall give to the owner, operator or agent in charge a receipt describing the samples obtained.
(d) If the owner of any factory, warehouse or establishment described in subsection (a) of this section, or such owner's agent, refuses to admit the commissioner or the commissioner's designated agent to inspect in accordance with subsections (a) and (b) of this section, the commissioner shall apply to the Superior Court for a warrant directing such owner or such owner's agent to submit the premises described in such warrant.
(e) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists International, or in accordance with other generally recognized methods approved by the United States Food and Drug Administration or the commissioner. The report issued by any accredited laboratory acceptable to the commissioner or the commissioner's designated agent shall be prima facie evidence of the components and constituents of any sample collected and submitted by the commissioner or the commissioner's designated agent. When requested by a registrant, the commissioner or the commissioner's designated agent shall prepare and leave a duplicate sample with the registrant at the location a sample is taken.
(f) The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample, as defined in section 22-118k, and obtained and analyzed as provided in this section.
(P.A. 98-69, S. 8, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 16-102, S. 3.)
History: P.A. 98-69 effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 16-102 amended Subsec. (a) to replace reference to employee duly designated by commissioner with reference to agent of commissioner, delete provision re written notice to owner, operator or agent in charge, add reference to compliance with provisions of chapter in Subdiv. (2), add Subdiv. (3) re obtaining samples for laboratory analysis and delete provision re inspection may include verification of only records and procedures necessary to determine compliance with regulations, amended Subsec. (b) to delete provision re separate notice for each inspection, amended Subsec. (c) to delete provision re officer or employee making inspection and add references to commissioner or commissioner's designated agent, amended Subsec. (d) to replace “may” with “shall” in provision re commissioner applying to Superior Court for warrant, deleted former Subsec. (e) re authority to enter public or private premises, redesignated existing Subsec. (f) re sampling and analysis as Subsec. (e) and amended same to add reference to methods approved by United States Food and Drug Administration or commissioner and add provisions re report issued by laboratory and commissioner or commissioner's designated agent to prepare and leave duplicate sample with registrant, deleted former Subsec. (g) re results of analyses of official samples, redesignated existing Subsec. (h) re determining whether commercial feed is deficient as Subsec. (f), and made technical and conforming changes.