For the repeal of this section, see Sections 39-26-140 and 39-26-160.
(A) For purposes of enforcement of this chapter, the Commissioner, or any authorized agent of the Commissioner, upon presenting appropriate credentials to the farm's owner, operator, or agent in charge, may:
(1) enter at reasonable hours on any farm in which produce is grown, packed, stored or held for introduction into commerce or after introduction or enter any vehicle being used to transport or hold this food in commerce;
(2) inspect at reasonable hours and within reasonable limits and in a reasonable manner the farm and all pertinent equipment, finished and unfinished materials, containers, and labeling and to obtain samples necessary for the enforcement of this chapter; and
(3) have access to and to copy all records of carriers in commerce showing the movement in commerce of any food, or the holding of it during or after movement, and the quantity, shipper, and consignee of it. Evidence obtained pursuant to this subsection may not be used in a criminal prosecution of the person from whom it was obtained. Carriers are not subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of food in the usual course of business as carriers.
(B) The Commissioner, or any authorized agent of the Commissioner, shall have access only at reasonable hours to any farm eligible for a qualified exemption in accordance with 21 C.F.R. Section 112.5 for the purpose of:
(1) reviewing relevant records to demonstrate that the farm is in compliance with the applicable requirements of 21 C.F.R. Section 112 Subparts A, O, Q, and R; and
(2) in the event of an active investigation of a foodborne illness outbreak that is directly linked to the farm, in which case the Commissioner, or any authorized agent of the Commissioner, is authorized to inspect the farm and secure samples or specimens directly relevant to the active investigation.
HISTORY: 2017 Act No. 92 (H.4003), Section 1, eff May 19, 2017.