New York Agriculture and Markets Code § 135-A

Inspection, sampling and analysis
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§ 135-a. Inspection, sampling and analysis. 1. For the purpose of\nenforcing this article, and in order to determine whether its provisions\nhave been complied with, including whether or not any operations may be\nsubject to such provisions, officers or employees of the department,\nupon presenting appropriate credentials and, if feasible, a written\nnotice to the owner, operator, or other person in charge, are authorized\n(a) to enter, at all reasonable times, any factory, warehouse, or\nestablishment within the state in which commercial feed or feed\ningredients may be manufactured, processed, packed, or held for\ndistribution, or to enter any vehicle which may be used to transport or\nhold such feed or ingredients; and (b) to inspect, at all reasonable\ntimes, such factory, warehouse, establishment or vehicle and all\npertinent equipment, finished and unfinished materials, containers, and\nlabeling therein, and to obtain samples thereat.\n  2. If the officer or employee making such inspection of a factory,\nwarehouse, establishment or vehicle has obtained a sample in the course\nof the inspection, if feasible, upon completion of the inspection and\nprior to leaving the premises, he shall give to the owner, operator or\nother person in charge a receipt describing the sample obtained.\n  3. Sampling and analysis shall be conducted in accordance with methods\npublished by the Association of Official Analytical Chemists, or in\naccordance with other generally recognized methods as approved by the\ncommissioner.\n  4. The results of all analyses of official samples shall be forwarded\nby the commissioner to the person in whose name the brand of such feed\nis registered under section one hundred twenty-nine of this article, or\nif there be no such registrant for the same, then to the person named on\nthe label or invoice, delivery slip or other document for such feed, or\nif the commissioner deems it appropriate, to the person from whom the\nsample was obtained.  When the analysis of an official sample indicates\na commercial feed has been adulterated or misbranded, upon request by\nthe person receiving such results within fifteen days following the\nreceipt thereof, the commissioner or his authorized agent shall furnish\nsuch person a portion of the sample concerned.\n

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