Department to test commercial feeds
(1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in compliance with the provisions of ORS 633.006 (Definitions for ORS 633.006 to 633.089) to 633.089 (Disposition of moneys received by department). The department is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours, in order to have access to commercial feeds and to records relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted by the department. In adopting such methods, the department may take into consideration:
(a) The methods scientifically developed and described in recognized official publications such as the Journal of the Association of Official Agricultural Chemists.
(b) The methods approved by the United States, other states and other recognized agencies or organizations experienced in such matters.
(3) In determining for administrative purposes whether or not a commercial feed is deficient in any component, the department shall be guided solely by the official sample as defined in ORS 633.006 (Definitions for ORS 633.006 to 633.089) and obtained and analyzed as provided by subsection (2) of this section.
(4) When inspection and analysis of an official sample indicate that a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the department to the registrant. Upon request, within 30 days, the department shall furnish to the registrant a portion of the sample analyzed.
(5) The department may take investigational samples that may be examined otherwise than by the official method required by this section. For administrative purposes, only samples taken as directed by subsection (3) of this section may be used. [1961 c.314 §7; 1967 c.591 §4; 2001 c.104 §247; 2001 c.137 §8; 2007 c.71 §194]
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