2-1009. Analysis of samples; procedure.
2-1009
2-1009. Analysis of samples; procedure.
(a) A representative sample of each brand of commercial feeding stuffs
found, sold, offered or exposed for sale shall be taken by the
secretary or the secretary's duly authorized representative.
Except as provided in subsection (b), no action
shall be maintained for a violation of the provisions of this act, based
upon an analysis of a sample from less than five separate original
packages, unless there be less than five separate original packages in
the lot, in which case portions for the official sample shall be taken from
each original package. If the commercial feeding stuffs is in bulk,
portions shall be taken from not less than five different places in the
lot. This does not exclude sampling in bulk
when not
exposed sufficiently to take portions from five different places, in
which case portions are to be taken from as many places as practicable. If
the sample thus secured is larger than is required, it shall be mixed and
quartered until a sample of suitable size remains. Such sample
shall be
placed in a container and sealed. The secretary shall analyze the
sample or cause it to be analyzed and the results of such analysis,
together with such additional information as the secretary may deem
advisable, shall be promptly transmitted to the manufacturer, or person
responsible for the placing of the commodity on the market, and may be
published in reports or bulletins from time to time. The manufacturer or
person responsible for the placing of any commodity so sampled upon the
market shall upon request to the secretary be furnished with a portion of
the official sample referred to in this section.
(b) For canned pet food, a single package of the pet food shall be deemed
to be a representative sample upon which action may be taken.
History: L. 1923, ch. 105, § 9; R.S. 1923, § 2-1009; L. 1963, ch.
4, § 5;
L. 1991, ch. 3, § 1; July 1.