§144-9  Inspection, sampling, analysis. (a)  For the purpose of enforcement of this chapter, and in order to determinewhether its provisions have been complied with, including whether or not anyoperation may be subject to such provisions, officers or employees dulydesignated by the department, upon presenting appropriate credentials, areauthorized:

(1)  To enter, during normal business hours, anyfactory, warehouse, or establishment within the State in which feeds aremanufactured, processed, packed, or held for distribution, or to enter anyvehicle being used to transport or hold such feeds; and

(2)  To inspect at reasonable times and withinreasonable limits and in a reasonable manner, such factory, warehouse,establishment, or vehicle and all pertinent equipment, finished and unfinishedmaterials, containers, and labeling therein.  The inspection may include theverification of only such records, and production and control procedures as maybe necessary to determine compliance with the good manufacturing practice rulesestablished under section 144-6(8).

(b)  If the officer or employee making suchinspection of a factory, warehouse, or other establishment has obtained asample in the course of the inspection, upon completion of the inspection andprior to leaving the premises the officer or employee shall give to the owner,operator, or agent in charge a receipt describing the samples obtained.

(c)  If the owner of any factory, warehouse, orestablishment described in subsection (a), or the owner's agent, refuses toadmit the officer or the officer's agent to inspect in accordance withsubsection (a), the department may obtain from any state court a warrantdirecting such owner or the owner's agent to submit the premises described insuch warrant to inspection.

(d)  For the enforcement of this chapter, thedepartment or its duly designated agent may enter upon any public or privatepremises, including any vehicle of transport during regular business hours tohave access to, and to obtain samples, and to examine records relating todistribution of feeds.

(e)  Sampling and analysis shall be conductedin accordance with methods published by the Association of Official AnalyticalChemists or in accordance with other generally recognized methods.

(f)  The results of all analyses of officialsamples shall be forwarded by the department to the person named on the labelor to the purchaser.  When the inspection and analysis of an official sampleindicates feed has been adulterated or misbranded and upon request withinthirty days following receipt of the analysis, the department shall furnish tothe registrant a portion of the sample concerned.

(g)  The department, in determining foradministrative purposes whether a commercial feed is deficient or excessive inany component, shall be guided by the official sample as defined in section144-2(20) and obtained and analyzed as provided for in subsections (b), (d),and (e) of this section. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22;am L 1961, c 132, §2; Supp, §24-10; HRS §144-10; am L 1979, c 186, pt of §1; amL 1980, c 232, §6; am and ren L 1983, c 214, pt of §2; gen ch 1985]

 

Revision Note

 

  Section"144-2(20)" substituted for "144-3(19)" and"144-6(8)" substituted for "144-7(8)".