65-773. Inspection and testing of milk products.

65-773

Chapter 65.--PUBLIC HEALTH
Article 7.--MILK, CREAM AND DAIRY PRODUCTS

      65-773.   Inspection and testing of milkproducts.It shall be the duty of the secretary to:

      (a)   Establish a statewide system of milk inspection and regulatoryservices to insure, bymeans of uniform inspection and sampling procedures, that all milk andmilk products sold inthis state at retail to the final consumer, except on-farm retail sales of milkor milk products, shallattain the standard of grade A pasteurized. The secretary may contract with thegoverning bodyof any county or incorporated city, or both, for the provision of milkinspection and regulatoryservices, and compensation shall be made by the secretary forthe furnishing of these services;

      (b)   inspect or cause to be inspected, as often as may bedeemed practicable, all businesseslicensed pursuant to this act and any other places where milk, milk products ordairy productsare produced, manufactured, kept, handled, stored or sold within thestate. The secretary may enter any business licensed under this act duringregular business hours or anyother hours duringwhich business is in operation or any other place where any milk, milk productsor dairy productsare manufactured, produced, stored, sold or kept for sale ortransportation, for the purpose ofperforming official duties under this act;

      (c)   prohibit the production and sale of adulteratedor misbranded milk, milk products ordairy products;

      (d)   seize and condemn for food purposes all unclean,adulterated or misbranded milk,milk products or dairy products wherever such milk, milk products or dairyproducts may befound; and

      (e)   take or cause to be taken samples of milk, milkproducts or dairy products and causethe same to be analyzed or tested according to such methods as shall beprescribed by rules andregulations. Such test or analyses shall conform to methods of the associationof official analyticalchemists or any other such similar organization as determined by the secretary.Such analyses ortests shall be preserved and recorded as evidence, and the certificate of suchtest, when sworn toby the analyst, shall be admitted in evidence in all prosecutions that mayresult under theoperation of this act.

      History:   L. 2001, ch. 32, § 3; July 1.