3-525.04. Inspections and investigations; records; notice; report

A. The owner, lessee, operator or designated representative of a covered farm under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times to:

1. Inspect records, investigate and determine compliance with the produce safety rule, this article and rules adopted pursuant to this article.

2. Follow up or complete prior inspections or determine the status of or compliance with corrective measures.

B. The owner, lessee, operator or designated representative of a farm shall:

1. Maintain records required by the produce safety rule, this article and rules adopted pursuant to this article.

2. Make those records available to an authorized employee or agent of the department within twenty-four hours after an electronic or written request.

C. Inspections and investigations under this section shall be on reasonable notice to the owner, lessee, operator or designated representative of the farm unless reasonable grounds exist to believe that such a notice would impede the enforcement of this article. The director may, and if required by law shall, apply for and obtain warrants for entry and inspection.

D. The owner, lessee, operator or designated representative of a farm that is subject to a qualified exemption under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times:

1. To review relevant records to confirm that the farm complies with the requirements for its qualified exemption.

2. For an active investigation of a food-borne illness outbreak that is linked to the farm, for the purpose of inspecting and securing representative and relevant samples or specimens.

E. The department shall use the state agricultural laboratory, a laboratory certified by the state agricultural laboratory or any other laboratory recognized by the United States food and drug administration for any necessary laboratory analysis of samples or specimens secured through an inspection pursuant to this section.

F. Except as otherwise provided by this section, inspections are subject to the requirements of section 41-1009.

G. On request, the associate director shall issue a copy of the inspection report to the farm's owner, lessee, operator or designated representative.

H. This section does not limit the department's authority to respond to an emergency or a public health hazard, including communication with applicable state and federal agencies.