37-133. INSPECTION OF ESTABLISHMENTS — EXAMINATION OF SPECIMENS — REPORTS — RECEIPT FOR SAMPLES. The director or his duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose: (1) of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this act are being violated, and (2) to secure samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for such sample. It shall be the duty of the director to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this act is being violated.

(a) Upon the completion of any inspection of a factory, warehouse, or other establishment and prior to leaving the premises, the director or his duly authorized agent making the inspection shall give to the owner, operator, or agent in charge, a report in writing setting forth any condition or practice observed by him which in his judgment indicates that any food, drug, device, or cosmetic in the establishment (1) consists in whole or in part of any filthy, putrid, or decomposed substances; or (2) has been prepared, packed, or held in unsanitary condition whereby it may have become contaminated with filth or whereby it may be rendered injurious to health.

(b) If the director or his duly authorized agent making any such inspection of any warehouse, factory, or other establishment has obtained any samples in the process of the inspection, upon completion of the inspection and prior to his leaving the premises, he shall give to the owner, operator, or agent in charge, a receipt describing the samples obtained.

(c) Whenever in the course of any such inspection of the factory, or other establishment where food is manufactured, processed, or packed, the director or his duly authorized agent making the inspection obtains a sample of any such food and if analysis is made of such sample for the purpose of determining whether such food consists in whole or part of any filthy, putrid or decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be sent promptly to the owner, operator, or agent in charge.

History:

[37-133, added 1959, ch. 153, sec. 21, p. 351; am. 1974, ch. 23, sec. 22, p. 633.]