Delaware Code Title 3 Sec. 1709 – Inspections; sampling; analysis
(a) The Department, individually or through its authorized agent, shall sample, inspect, make analyses of, and test commercial feeds and customer-formula feeds distributed within this State at such time and place, and to such an extent as it may deem necessary to determine whether such feeds are in compliance with this chapter. The Department, individually or through its agent, may enter upon any public or private premises including any vehicle of transport during regular business hours in order to have access to commercial feeds and customer-formula feeds and to records relating to their distribution and storage.
Terms Used In Delaware Code Title 3 Sec. 1709
- Commercial feed: means all materials or combination of materials which are distributed for the use as feed or for mixing in feed, for animals and cultured aquatic stock other than man except:
- Distributor: means any person who distributes pursuant to paragraph (5) of this section. See Delaware Code Title 3 Sec. 1703
- Official sample: means any sample of feed taken by the Department or its agent and designated as "official" by the Department. See Delaware Code Title 3 Sec. 1703
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) The methods of sampling and analysis shall be those adopted by the Association of Official Agricultural Chemists International. In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the Secretary may adopt such appropriate methods from other sources.
(c) The Department, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided solely by the “official sample” as defined in § 1703 of this title and obtained and analyzed as provided for in subsection (b) of this section.
(d) When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the Department to the distributor and the purchaser. Within 30 days of a request, the Department shall furnish to the distributor a portion of the samples concerned.
3 Del. C. 1953, § ?1709; 56 Del. Laws, c. 69; 57 Del. Laws, c. 764, § ?8; 83 Del. Laws, c. 98, § 1;