N.D. Cent. Code § 4.1-41-13

4.1-41-13. Inspection, sampling, analysis

1. For purposes of enforcing this chapter, designated officers and employees of the

commissioner may enter and inspect any factory, warehouse, establishment, or vehicle

in which commercial feeds are manufactured, processed, packed, held for distribution,

or transported, provided the individuals first present their credentials and written notice

to the owner, manager, or driver.

2. Any inspection authorized under this section must take place at reasonable times,

within reasonable limits, and in a reasonable manner. The inspection may include the

verification of records and production and control procedures, as necessary to

determine compliance with this chapter and rules implemented under this chapter.

3. A separate notice must be given for each authorized inspection. However, a separate

notice is not required for each entry made during the period covered by the inspection.

Each inspection must be commenced and completed with reasonable promptness.

Upon completion of the inspection, the individual in charge of the facility or the

individual in charge of the vehicle must be notified.

4. If the officer or employee making an inspection has obtained a sample in the course of

the inspection, upon completion of the inspection and prior to leaving the premises, the

officer or employee shall give to the owner or manager a receipt describing the

samples obtained.

5. If an officer or employee of the commissioner is denied entry as authorized by this

section, the commissioner may obtain a warrant directing the owner or manager to

submit the premises described in the warrant to inspection.

6. Any officer or employee of the commissioner authorized to enter any structure or

vehicle in accordance with this section, may obtain samples and examine records

relating to distribution of commercial feeds.

7. Sampling and analysis under this section must be conducted in accordance with

generally recognized methods, such as methods published by the association of

official analytical chemists international.

8. The commissioner shall forward the results of any sample analysis to the person

named on the label and to the purchaser.

9. If an analysis indicates that a commercial feed has been adulterated or misbranded,

within thirty days following receipt of the analysis, the person named on the label may

request that the commissioner provide a portion of the sample.

10. In determining for administrative purposes whether a commercial feed is deficient in

any component, the commissioner must be guided by the official sample.