Section 35-33-104 - Commissioner of agriculture - powers and duties(1) The commissioner is hereby authorized to formulate reasonable rules and standards of construction, labeling, operation, record keeping, and sanitation for all processing facilities and shall establish rules and standards pertaining to containers, packaging materials, mobile slaughter units, slaughter rooms, processing rooms, chill rooms, storage and locker rooms, sharp freezing facilities, and premises of processing facilities, with respect to the service of slaughtering, cutting, preparing, wrapping, and packaging meat and meat products necessary for the proper preservation of food.(2) It is the duty of the department to enforce the provisions of this article and rules, regulations, and standards established in accordance therewith.(3) (Deleted by amendment, L. 2009, (SB 09-117), ch. 511, p. 511, § 6, effective April 16, 2009.)(4)(a) The commissioner, upon consent or upon obtaining an administrative search warrant, shall have the right of access to any premises for the purpose of any examination or inspection necessary to enforce this article or the rules promulgated thereunder, including inspection and copying of any relevant records.(b) The commissioner may administer oaths and take statements, issue subpoenas requiring the attendance of witnesses and the production of books, memoranda, papers, and other documents, articles, or instruments, and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.(5) The commissioner may, whenever immediate enforcement of any of the provisions of this article is deemed necessary for the protection of the public health or welfare, issue and enforce a written cease-and-desist order to any person found in violation of any of the provisions of this article or the rules promulgated thereunder.(6) When the commissioner has reasonable cause to believe that any meat or meat product is being held, slaughtered, or processed in violation of this article or the rules promulgated under this article, and when such product endangers the public health, safety, or welfare, he or she may issue and enforce a written retention order, prohibiting any person from moving or otherwise disposing of the retained product in any manner without written permission of the commissioner. Within five days after the issuance of any retention order, the commissioner shall hold a hearing to determine whether the retained product should be condemned or released to the owner. If the product is found to be adulterated, and the product cannot be brought into compliance with this article, the commissioner shall order that the retained product is inedible meat and shall be disposed of.(7) (Deleted by amendment, L. 95, p. 31, § 2, effective July 1, 1995.)Amended by 2016 Ch. 158, § 3, eff. 5/4/2016.Amended by 2013 Ch. 316, § 110, eff. 8/7/2013.L. 89: Entire article R&RE, p. 1386, § 1, effective April 12. L. 90: (7) added, p. 333, § 22, effective April 3. L. 95: (1) and (7) amended, p. 31, § 2, effective July 1. L. 2009: (1) and (3) to (6) amended, (SB 09 -117), ch. 123, p. 511, § 6, effective April 16. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1698, § 110, effective August 7. L. 2016: (1) amended, (SB 16-058), ch. 158, p. 500, § 3, effective May 4.This section is similar to former §§ 35-33-103 and 35-33-106 as they existed prior to 1989.
For rule-making and licensing procedures, see article 4 of title 24 .