2014 Kentucky Revised Statutes CHAPTER 250 - AGRICULTURAL SEEDS, FEEDING STUFFS, AND FERTILIZERS 250.581 Officers and employees authorized to enter premises and make inspections -- Taking and disposition of samples -- Notification.
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250.581 Officers and employees authorized to enter premises and make
inspections -- Taking and disposition of samples -- Notification.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
For the purpose of enforcement of KRS 250.491 to 250.631, and in order to
determine whether its provisions have been complied with, including whether or
not any operations may be subject to the provisions, officers or employees duly
designated by the director, upon presenting appropriate credentials, and a
written notice to the owner, operator, or agent in charge, are authorized (a) to
enter, during normal business hours, any factory, warehouse, or establishment
within the state in which commercial feeds are manufactured, processed,
packed, or held for distribution, or to enter any vehicle being used to transport
or hold the feeds; and (b) to inspect at reasonable times and within reasonable
limits and in a reasonable manner, the 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 the records and production and control procedures necessary to
determine compliance with good manufacturing practice administrative
regulations for Type A medicated articles and Type B and C medicated feeds.
A separate notice shall be given for each inspection, but a notice shall not be
required for each entry made during the period covered by the inspection. Each
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.
If the officer or employee making the 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 a receipt describing the
samples obtained.
If the owner of any factory, warehouse, or establishment described in
subsection (1) of this section, or his agent, refuses to admit the director or
officer 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 the
owner or his agent to submit the premises described in the warrant to
inspection.
For the purpose of the enforcement of KRS 250.491 to 250.631, the director 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, and to obtain samples, and to examine records relating to
distribution of commercial feeds.
Sampling and analysis shall be conducted in accordance with methods
published by the AOAC International, or in accordance with other generally
recognized methods.
The results of all analyses of official samples shall be forwarded by the director
to the person named on the label and to the purchaser. When the inspection
and analysis of an official sample indicates a commercial feed has been
adulterated or misbranded and upon request within thirty (30) days following
receipt of the analysis the director shall furnish to the registrant 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 subsection (16) of KRS 250.501 and obtained and analyzed as
provided for in subsections (3), (5), and (6) of this section.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 68, sec. 10, effective July 15, 1996. -Created 1972 Ky. Acts ch. 24, sec. 11.
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