Michigan Laws 287.527 – Entry and inspection of operations; powers of director; refusal to permit entry or inspection; warrant; maintenance of laboratory to analyze, test, and examine commercial feed; forwarding of resu
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Terms Used In Michigan Laws 287.527
- Animal: means any vertebrate animal, other than human beings, including mammals, birds, fish, reptiles, and amphibians, and any domesticated insect. See Michigan Laws 287.523
- Animal feed: means edible material that is consumed by an animal and contributes energy, nutrients, or both, to the animal's diet. See Michigan Laws 287.523
- Director: means the director of the department or the director's authorized representative. See Michigan Laws 287.523
- Labeling: means all labels and other written, printed, electronic, or graphic matter, and includes advertising. See Michigan Laws 287.523
- Licensee: means a person that has been issued a license. See Michigan Laws 287.523
- Noncommercial feed: means all materials or combination of materials, not distributed or intended for distribution, that are for manufacturing and use as feed or for mixing in feed. See Michigan Laws 287.523
- Official sample: means a sample of feed taken by the director in accordance with section 7. See Michigan Laws 287.523
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) For the purpose of enforcing and determining compliance with this act, including whether or not any operations are subject to this act, the director may do 1 or more of the following:
(a) Enter, during normal business hours, any factory, warehouse, or any other establishment within this state in which commercial feeds or noncommercial feeds are stored, manufactured, or held for distribution or enter any vehicle being used to transport or hold the commercial or noncommercial feeds.
(b) Inspect at reasonable times and within reasonable limits and in a reasonable manner any factory, warehouse, or any other establishment or vehicle and all pertinent equipment, finished and unfinished commercial or noncommercial feeds or feed ingredients, containers, and labeling therein. A noncommercial feed inspection shall be with permission and based on cause. The inspection may include sampling of feed and feed ingredients and the verification of only the records and production and control procedures as are necessary to determine compliance with this act.
(c) Enter any vehicle of transport during regular business hours to access and obtain samples, and examine records relating to distribution of feed for the enforcement of this act. Subject to subsection (2), entry upon farm premises shall not be made without permission of the landowner or the operator of the farm and based on cause.
(2) If the owner of any factory, warehouse, or establishment described in subsection (1), or the owner’s agent, refuses permission to enter or inspect in accordance with subsection (1), the director may obtain from any state court a warrant directing the owner or owner’s agent to submit the premises described in the warrant to inspection.
(3) The director may maintain a laboratory with equipment and personnel necessary to effectively analyze, test, and examine commercial feeds subject to this act and the rules promulgated under this act. Sampling and analysis shall be conducted in accordance with methods published by AOAC International or in accordance with other generally recognized methods.
(4) The results of official analyses of all samples of animal feed found to be in violation of this act or the rules promulgated under this act shall be forwarded to the licensee. The owner or agent from the place of sampling may request a copy of the official results. The licensee may request a portion of a sample if the request is made not more than 60 days after the date of receipt of the analysis report.
(5) The director, in determining for administrative purposes whether an animal feed is deficient in any component, shall be guided by the official sample.