Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-828.8 (Repealed effective October 1, 2008) Inspection, sampling, and analysis

§ 3.1-828.8. (Repealed effective October 1, 2008) Inspection, sampling, and analysis

A. For the purpose of enforcement of this chapter, the Commissioner or his agent may:

1. Enter, during operating hours, any factory, warehouse, or establishment within the Commonwealth in which commercial feed is manufactured, processed, packed, warehoused, sold, or held for distribution;

2. Enter any vehicle being used to transport or hold such feed; and

3. Inspect during operating hours, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished material, unfinished material, any container, and labeling therein.

The Commissioner or his agent may enter and inspect to determine whether the provisions of this chapter have been complied with, including whether or not any operations may be subject to such provisions. The inspection shall include the verification of only such records and production and control procedures as may be necessary to determine compliance with this chapter.

B. For the enforcement of this chapter, during operating hours, the Commissioner or his agent may obtain samples from any premises or vehicle enumerated in subsection A of this section, and examine records relating to distribution of commercial feeds.

C. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated, misbranded, or is otherwise deficient under the provisions of this chapter, the Commissioner shall, upon request, furnish to the licensee a portion of the sample concerned, within thirty days following the receipt of such analysis by the licensee.

D. The Commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample. Such official sample shall be obtained and analyzed as provided in § 3.1-828.4.

E. The Commissioner shall allocate adequate personnel to the major farm feed consuming areas of the state to carry out his duties under this act as such duties relate to insuring the quality, analysis, and quantity of feed sold and distributed in the Commonwealth.

(1994, c. 743.)

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Last modified: April 16, 2009