Sec. 35. (a) Upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, officers or employees designated by the state chemist may:

(1) during normal business hours, enter:

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Terms Used In Indiana Code 15-19-7-35

  • commercial feed: means all materials, or combinations of materials, that are distributed or intended for distribution for use as feed or for mixing in feed, except as exempted in this section. See Indiana Code 15-19-7-2
  • label: means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed. See Indiana Code 15-19-7-8
  • labeling: means all labels and other written, printed, or graphic matter:

    Indiana Code 15-19-7-9

  • official sample: means a sample of feed taken by the state chemist or the chemist's agent in accordance with section 35(c) or 36 of this chapter. See Indiana Code 15-19-7-12
  • person: includes individuals, partnerships, limited liability companies, corporations, and associations. See Indiana Code 15-19-7-14
(A) a factory, warehouse, or establishment in Indiana in which commercial feeds are manufactured, processed, packed, or held for distribution; and

(B) a vehicle being used to transport or hold commercial feeds; and

(2) at reasonable times, within reasonable limits, and in a reasonable manner, inspect such a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling;

to enforce this chapter and to determine compliance with this chapter, including whether or not any operations are subject to this chapter. In determining compliance with good manufacturing practice rules adopted under section 29(9) of this chapter, the inspection may include the verification of only the records and production and control procedures necessary to determine compliance with those rules.

     (b) A separate notice shall be given for each inspection, but a notice is not required for each entry made during the period covered by the inspection. Each inspection must begin and be completed with reasonable promptness. The person in charge of the facility or vehicle shall be notified upon completion of the inspection.

     (c) An officer or employee who inspects a factory, warehouse, or other establishment and obtains a sample in the course of the inspection shall, upon completion of the inspection and before leaving the premises, give to the owner, operator, or agent in charge a receipt describing the samples obtained.

     (d) The state chemist shall forward the results of analyses of official samples to the person named on the label and to the person in whose possession the sample was taken. If the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, and upon request within thirty (30) days following receipt of the analysis, the state chemist shall furnish to the licensee or labeler a portion of the sample concerned.

     (e) The state chemist, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample obtained and analyzed as provided for in subsection (d) and section 36 of this chapter.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-5-13-15(a); subsection (b) formerly 15-5-13-15(b); subsection (c) formerly 15-5-13-15(c); subsection (d) formerly 15-5-13-15(g); subsection (e) formerly 15-5-13-15(h).]

As added by P.L.2-2008, SEC.10. Amended by P.L.99-2012, SEC.40.

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