266.200. Inspections, how made--sampling and analysis, how conducted.

MISSOURI STATUTES AND CODES

266.200. Inspections, how made--sampling and analysis, how conducted.

Inspections, how made--sampling and analysis, how conducted.

266.200. 1. For the purpose of enforcement of sections 266.152 to266.220, and in order to determine whether its provisions have beencomplied with, including whether or not any operations may be subject tosuch provisions, officers or employees duly designated by the director,upon presenting appropriate credentials and giving notice to the owner,operator, or agent in charge, are authorized:

(1) To enter, during normal business hours, any factory, warehouse,or establishment within this state in which commercial feeds includingcustomer-formula feeds are manufactured, processed, packed, or held fordistribution, or to stop and enter any vehicle being used to transport orhold such feeds; and

(2) To inspect at reasonable times and within reasonable limits andin a reasonable manner, commercial feed, including customer-formula feedsand any associated factory, warehouse, establishment and all pertinentequipment, finished and unfinished materials, containers, and labelingtherein. The inspection may include the verification of only such records,and production and control procedures as may be necessary to determinecompliance with sections 266.152 to 266.220 and the good manufacturingpractice regulations established pursuant to paragraph (d) of subdivision(1) of subsection 1 of section 266.180.

2. A separate notice shall be given for each such inspection, but anotice shall not be required for each entry made during the period coveredby the inspection. Each such inspection shall be commenced and completedwith reasonable promptness. Upon completion of the inspection, the personin charge of the facility or vehicle shall be so notified.

3. If the officer or employee making such inspection of a factory,warehouse, or other establishment has obtained a sample in the course ofthe inspection, upon completion of the inspection and prior to leaving thepremises such officer or employee shall give to the owner, operator, oragent in charge a receipt describing the samples obtained.

4. If the owner of any factory, warehouse, or establishment describedin subsection 1 of this section, or such owner's agent, refuses to admitthe director or the director's agent to inspect in accordance withsubsections 1 and 2 of this section, the director is authorized to obtainfrom any state court a warrant directing such owner or such owner's agentto submit the premises described in such warrant to inspection.

5. For the enforcement of sections 266.152 to 266.220, the directoror the director's duly designated agent is authorized to enter upon anypublic or private premises including any vehicle of transport duringregular business hours to have access to, and to obtain samples, and toexamine records relating to distribution of commercial feeds.

6. Sampling and analysis shall be conducted in accordance withmethods published by the Association of Official Analytical Chemists, or inaccordance with other generally recognized methods.

7. The results of all analyses of official samples may be forwardedby the director to the guarantor and to the distributor. When theinspection and analysis of an official sample indicates a commercial feedhas been adulterated or misbranded, the results of the analysis shall beforwarded by the director to the distributor and the guarantor. Uponrequest and within thirty days the director shall furnish to the guarantora portion of the sample concerned.

8. The director, in determining for administrative purposes whether acommercial feed is deficient in any component, shall be guided by theofficial sample as defined in subdivision (16) of section 266.160 andobtained and analyzed as provided for in subsections 3, 5, 6 and 9 of thissection.

9. To measure the quality of a customer-formula feed andnoncommercial feed ingredients an analysis will be performed by laboratorymethods from generally recognized sources such as the methods published bythe Association of Official Analytical Chemists. The results of thisanalysis will be sent to the end user and manufacturer to advise them ofthe nutritional content of the feed.