N.Y. Agriculture & Markets Law § 135-a: Inspection, sampling and analysis

§ 135-a. Inspection, sampling and analysis. 1. For the purpose of

enforcing this article, 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 of the department,

upon presenting appropriate credentials and, if feasible, a written

notice to the owner, operator, or other person in charge, are authorized

(a) to enter, at all reasonable times, any factory, warehouse, or

establishment within the state in which commercial feed or feed

ingredients may be manufactured, processed, packed, or held for

distribution, or to enter any vehicle which may be used to transport or

hold such feed or ingredients; and (b) to inspect, at all reasonable

times, such factory, warehouse, establishment or vehicle and all

pertinent equipment, finished and unfinished materials, containers, and

labeling therein, and to obtain samples thereat.

2. If the officer or employee making such inspection of a factory,

warehouse, establishment or vehicle has obtained a sample in the course

of the inspection, if feasible, upon completion of the inspection and

prior to leaving the premises, he shall give to the owner, operator or

other person in charge a receipt describing the sample obtained.

3. 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 as approved by the

commissioner.

4. The results of all analyses of official samples shall be forwarded

by the commissioner to the person in whose name the brand of such feed

is registered under section one hundred twenty-nine of this article, or

if there be no such registrant for the same, then to the person named on

the label or invoice, delivery slip or other document for such feed, or

if the commissioner deems it appropriate, to the person from whom the

sample was obtained. When the analysis of an official sample indicates

a commercial feed has been adulterated or misbranded, upon request by

the person receiving such results within fifteen days following the

receipt thereof, the commissioner or his authorized agent shall furnish

such person a portion of the sample concerned.