81-22-301. Tests and analyses -- admissibility as evidence. (1) The department may require a chemist, biologist, microbiologist, serologist, or other qualified employee of the department of public health or other laboratory approved by the department to test or analyze samples of milk, cream, manufactured dairy products, or products made in the semblance or imitation of these products.
(2) (a) The following tests or analyses may be used:
(i) an appropriate test method listed in Standard Methods for the Examination of Dairy Products, current edition--American Public Health Association, Inc., or in Standard Methods for the Examination of Water and Waste Water, current edition--American Public Health Association, Inc.;
(ii) the methods in the Official Methods of Analysis of the Association of Official Analytical Chemists, current edition as published by the association of official analytical chemists; or
(iii) any other appropriate tests approved by the department.
(b) The results of these tests or analyses are admissible as prima facie evidence of the facts disclosed in a court, hearing, or proceeding arising under this chapter when the tests or analyses are identified by the sample numbers and verified by the department representative and analyst handling them. These tests and analyses must be designated and referred to as "official tests".
History: En. Sec. 11, Ch. 413, L. 1971; amd. Sec. 18, Ch. 310, L. 1974; amd. Sec. 5, Ch. 12, L. 1977; R.C.M. 1947, 3-2498; amd. Sec. 354, Ch. 418, L. 1995.
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