2017 Kentucky Revised Statutes CHAPTER 250 - AGRICULTURAL SEEDS, FEEDING STUFFS, AND FERTILIZERS .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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