La. Admin. Code tit. 49 § I-135
Current through Register Vol. 50, No. 9, September 20, 2024
Section I-135 - Reserved Samples [Formerly 49:1.0200]A.1. Upon completion of analyses by the laboratory whereby it is established that any article subject to the provisions of the Act is adulterated, misbranded, or otherwise subject to the prohibitions of the Act, a sufficient amount of the sample (if any remains) shall be reserved as an exhibit in the trial of any case that may arise under the Act based on the sample. Upon written request, if any person named on the label of the article found adulterated, misbranded, or otherwise subject to the prohibitions of the Act, or owner thereof, or the attorney or agent of such person or owner shall be provided with a part of the sample for their analysis, if any remains, subject to the reservations above, except when: a. the sample or remaining part thereof has, after collection become decomposed or otherwise fit for analysis; orb. the request for a portion of the sample on which the trial action is based is not made within a reasonable time before the date the case is set for trial.2. The person, owner, attorney, or agent, who requests the part of the ample, shall specify the amount desired. A request from an owner shall be accompanied by the evidence of ownership, and a request from an attorney or agent by evidence of authority from the person or owner to receive a part of the sample. When two or more requests for parts of the sample are received, the requests shall be complied with in the order in which they were received so long as any part of the sample remains available therefore. La. Admin. Code tit. 49, § I-135
Adopted by the Department of Health and Human Resources, Office of Preventive and Public Health Services, September 1968.AUTHORITY NOTE: Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as amended.