KRS 250.581: Officers and employees authorized to enter premises and make inspections

-- Taking and disposition of samples -- Notification.

(1) For the purpose of enforcement of KRS 250.491 to 250.631, and in order to

determine whether its provisions have been complied with, including whether or not

any operations may be subject to the provisions, officers or employees duly

designated by the director, upon presenting appropriate credentials, and a written

notice to the owner, operator, or agent in charge, are autho rized (a) 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 the feeds; and (b)

to inspect at reasonable times and within reasonable limits and in a reasonable

manner, the 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 the records and production and

control procedures necessary to determine compliance with good manufacturing

practice administrative regulations for Type A medicated articles and Type B and C

medicated feeds.

(2) A separate notice shall be given for each inspection, but a notice shall not be

required for each entry made during the period covered by the inspection. Each

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.

(3) If the officer or employee making the 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 he shall give to the

owner, operator, or agent in charge a receipt describing the samples obtained.

(4) If the owner of any factory, warehouse, or establishment described in subsection (1)

of this section, or his agent, refuses to admit the director or officer to inspect in

accordance with subsections (1) and (2) of this section, the director is authorized to

obtain from any state court a warrant directing the owner or his agent to submit the

premises described in the warrant to inspection.

(5) For the purpose of the enforcement of KRS 250.491 to 250.631, the director or his

duly designated agent is authorized to enter upon any public or private premises

including any vehicle of transport during regular busi ness hours to have access to,

and to obtain samples, and to examine records relating to distribution of commercial

feeds.

(6) Sampling and analysis shall be conducted in accordance with methods published by

the AOAC International, or in accordance with other generally recognized methods.

(7) The results of all analyses of official samples shall be forwarded by the director to

the person named on the label and to the purchaser. When the inspection and

analysis of an official sample indicates a commercial fee d has been adulterated or

misbranded and upon request within thirty (30) days following receipt of the

analysis the director shall furnish to the registrant a portion of the sample

concerned.

(8) The director, in determining for administrative purposes whether a commercial feed

is deficient in any component, shall be guided by the official sample as defined in

subsection (16) of KRS 250.501 and obtained and analyzed as provided for in

subsections (3), (5), and (6) of this section.