1998 Minnesota Statutes

     25.41 Inspection, sampling, and analysis. 

    Subdivision 1.    Authorization; limitation.  For the 
 purpose of enforcement of sections 25.31 to 25.43, 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 duly designated by the 
 commissioner, upon presenting appropriate credentials, and a 
 written notice to the owner, operator, or agent in charge, are 
 authorized (1) to enter, during normal business hours, any 
 factory, warehouse, or establishment within the state in which 
 commercial 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 25.37, clause (h). 

    Subd. 2.    Notification; promptness.  A separate notice 
 shall be given for each such inspection, but a notice shall not 
 be required for each entry made during the period covered by the 
 inspection.  Each such inspection shall be commenced and 
 completed with reasonable promptness.  Upon completion of the 
 inspection, the person in charge of the facility or vehicle 
 shall be so notified.  

    Subd. 3.    Receipt for samples.  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.  

    Subd. 4.    Refusal to admit inspector.  If the owner of 
 any factory, warehouse, or establishment described in 
 subdivision 1, or the owner's agent, refuses to admit the 
 commissioner or the commissioner's agent to inspect in 
 accordance with subdivisions 1 and 2, the commissioner is 
 authorized to obtain from the district court of the county in 
 which the premises are located a warrant directing such owner or 
 agent to submit the premises described in such warrant to 
 inspection.  

    Subd. 5.    Entry of premises.  For the purpose of the 
 enforcement of sections 25.31 to 25.43, the commissioner or the 
 commissioner's duly designated agent is authorized to 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 commercial feeds. 

    Subd. 6.    Methods.  Sampling and analysis must be 
 conducted in accordance with methods published by the AOAC 
 International or other generally recognized methods.  

    Subd. 7.    Notice of analysis.  The results of all 
 analyses of official samples shall be forwarded by the 
 commissioner to the person named on the label and to the 
 purchaser.  When the inspection and analysis of an official 
 sample indicated a commercial feed has been adulterated or 
 misbranded and upon request within 30 days following receipt of 
 the analysis the commissioner shall furnish to the registrant a 
 portion of the sample concerned.  

    Subd. 8.    Use of official sample.  The commissioner, 
 in determining for administrative purposes whether a commercial 
 feed is deficient in any component, shall be guided by the 
 official sample as defined in section 25.33, subdivision 17 and 
 obtained and analyzed as provided for in subdivisions 3, 5, and 
 6.  

    HIST: 1971 c 433 s 11; 1980 c 509 s 12,13; 1985 c 248 s 70; 
 1986 c 444; 1997 c 7 art 1 s 10; 1997 c 216 s 52