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This entry was published on 2014-09-22
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SECTION 135-A
Inspection, sampling and analysis
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 8
§ 135-a. Inspection, sampling and analysis. 1. For the purpose of
enforcing this article, 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 of the department,
upon presenting appropriate credentials and, if feasible, a written
notice to the owner, operator, or other person in charge, are authorized
(a) to enter, at all reasonable times, any factory, warehouse, or
establishment within the state in which commercial feed or feed
ingredients may be manufactured, processed, packed, or held for
distribution, or to enter any vehicle which may be used to transport or
hold such feed or ingredients; and (b) to inspect, at all reasonable
times, such factory, warehouse, establishment or vehicle and all
pertinent equipment, finished and unfinished materials, containers, and
labeling therein, and to obtain samples thereat.

2. If the officer or employee making such inspection of a factory,
warehouse, establishment or vehicle has obtained a sample in the course
of the inspection, if feasible, upon completion of the inspection and
prior to leaving the premises, he shall give to the owner, operator or
other person in charge a receipt describing the sample obtained.

3. Sampling and analysis shall be conducted in accordance with methods
published by the Association of Official Analytical Chemists, or in
accordance with other generally recognized methods as approved by the
commissioner.

4. The results of all analyses of official samples shall be forwarded
by the commissioner to the person in whose name the brand of such feed
is registered under section one hundred twenty-nine of this article, or
if there be no such registrant for the same, then to the person named on
the label or invoice, delivery slip or other document for such feed, or
if the commissioner deems it appropriate, to the person from whom the
sample was obtained. When the analysis of an official sample indicates
a commercial feed has been adulterated or misbranded, upon request by
the person receiving such results within fifteen days following the
receipt thereof, the commissioner or his authorized agent shall furnish
such person a portion of the sample concerned.