Inspection, sampling and analysis

Act 70 of 1994, § 12, under FOOD ACT.

Act 70 of 1994, § 12

Section 12. Inspection, sampling and analysis.

(a) Inspection.--For purposes of enforcement of this act, the secretary is authorized, upon presenting appropriate credentials to the owner, operator or agent in charge:

(1) To enter at reasonable times any factory, warehouse

or food establishment in which food is or was manufactured,

processed, packed or held for introduction into commerce or

to enter any vehicle used to transport or hold the food in

commerce.

(2) To inspect at reasonable times, within reasonable

limits and in a reasonable manner the factory, warehouse,

food establishment or vehicle and all pertinent materials,

containers and labeling and to obtain samples necessary to

administer this act.

(3) To have access to and to copy all records of

carriers showing the movement in commerce of any food or the

holding thereof during or after the movement, and the

quantity, shipper and consignee thereof if the secretary has

probable cause to believe that the movement or holding of

food is in violation of this act or department regulations.

(b) Report of inspection.--Upon completion of an inspection of a factory, warehouse or other food establishment and prior to leaving the premises, the secretary shall give to the owner, operator or agent in charge a written report of the findings of the inspection.

(c) Collection of samples.--During an inspection of a factory or other food establishment where food is manufactured, processed, packed, stored or offered for sale, the secretary may obtain a sample of any food for such analysis as is necessary to determine compliance with this act.

(d) Receipt for samples.--If the secretary has obtained any sample in the course of the inspection, the secretary shall, upon completion of the inspection and prior to leaving the premises, give to the owner, operator or agent in charge a receipt describing the sample obtained.

(e) Payment for samples.--The food establishment from which samples are collected may bill the secretary for the fair market value of the samples.