2020 Michigan Compiled Laws
Chapter 287 - Animal Industry
Act 120 of 1975 Feed Law (287.521 - 287.539)
Section 287.527 Entry and Inspection of Operations; Powers of Director; Refusal to Permit Entry or Inspection; Warrant; Maintenance of Laboratory to Analyze, Test, and Examine Commercial Feed; Forwarding of Results to Licensee; Official Sample as Guide in Determination of Deficient Animal Feed.
Sec. 7.
(1) For the purpose of enforcing and determining compliance with this act, including whether or not any operations are subject to this act, the director may do 1 or more of the following:
(a) Enter, during normal business hours, any factory, warehouse, or any other establishment within this state in which commercial feeds or noncommercial feeds are stored, manufactured, or held for distribution or enter any vehicle being used to transport or hold the commercial or noncommercial feeds.
(b) Inspect at reasonable times and within reasonable limits and in a reasonable manner any factory, warehouse, or any other establishment or vehicle and all pertinent equipment, finished and unfinished commercial or noncommercial feeds or feed ingredients, containers, and labeling therein. A noncommercial feed inspection shall be with permission and based on cause. The inspection may include sampling of feed and feed ingredients and the verification of only the records and production and control procedures as are necessary to determine compliance with this act.
(c) Enter any vehicle of transport during regular business hours to access and obtain samples, and examine records relating to distribution of feed for the enforcement of this act. Subject to subsection (2), entry upon farm premises shall not be made without permission of the landowner or the operator of the farm and based on cause.
(2) If the owner of any factory, warehouse, or establishment described in subsection (1), or the owner's agent, refuses permission to enter or inspect in accordance with subsection (1), the director may obtain from any state court a warrant directing the owner or owner's agent to submit the premises described in the warrant to inspection.
(3) The director may maintain a laboratory with equipment and personnel necessary to effectively analyze, test, and examine commercial feeds subject to this act and the rules promulgated under this act. Sampling and analysis shall be conducted in accordance with methods published by AOAC International or in accordance with other generally recognized methods.
(4) The results of official analyses of all samples of animal feed found to be in violation of this act or the rules promulgated under this act shall be forwarded to the licensee. The owner or agent from the place of sampling may request a copy of the official results. The licensee may request a portion of a sample if the request is made not more than 60 days after the date of receipt of the analysis report.
(5) The director, in determining for administrative purposes whether an animal feed is deficient in any component, shall be guided by the official sample.
History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015
