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2006 Georgia Code - 2-13-13
2-13-13. (a) For the purpose of enforcing this chapter
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
Commissioner, upon presenting appropriate credentials to the owner,
operator, or agent in charge, are authorized to 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 and any vehicle being
used to transport or hold such feeds and to inspect, at reasonable
times, 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 therein. The inspection may include the verification of
only such records and production and control procedures as may be
necessary to determine compliance with the good manufacturing
practice regulations established under paragraph (8) of Code
Section 2-13-10. 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. (b) 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 he shall give to the owner, operator, or agent in
charge thereof a receipt describing the samples obtained.
(c) If the owner of any factory,
warehouse, or establishment described in subsection (a) of this
Code section or his agent refuses to admit the Commissioner or his
agent to inspect the premises in accordance with subsection (a),
the Commissioner is authorized to obtain from any court of this
state a warrant directing such owner or his agent to submit the
premises described in such warrant to inspection.
(d) For the purpose of enforcing
this chapter, the Commissioner or his 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, to obtain samples of, and to examine records relating to
distribution of commercial feeds. (e) Sampling and analysis shall be conducted in
accordance with methods published by the Association of Official
Analytical Chemists or with other generally recognized
methods. (f) The results of
all analyses of official samples shall be forwarded by the
Commissioner to the person named on the label and to the purchaser.
When the inspection and analysis of an official sample indicates
that a commercial feed has been adulterated or misbranded and upon
request within ten days following receipt of the analysis, the
Commissioner shall furnish to the licensee a portion of the sample
concerned. (g) 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 paragraph (12) of Code Section
2-13-1 and obtained and analyzed as provided for in subsections
(c), (e), and (f) of this Code section.
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