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



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



(2)  To inspect at reasonable times and within
reasonable limits and in a reasonable manner, such 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 such records, and production and control procedures as may
be necessary to determine compliance with the good manufacturing practice rules
established under section 144-6(8).



(b)  If the officer or employee making such
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 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, or
establishment described in subsection (a), or the owner's agent, refuses to
admit the officer or the officer's agent to inspect in accordance with
subsection (a), the department may obtain from any state court a warrant
directing such owner or the owner's agent to submit the premises described in
such warrant to inspection.



(d)  For the enforcement of this chapter, the
department or its duly designated agent may 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 feeds.



(e)  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.



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



(g)  The department, in determining for
administrative purposes whether a commercial feed is deficient or excessive in
any component, shall be guided by the official sample as defined in section
144-2(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; am
L 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)".