Haw. Code R. § 4-45-18 - Sampling, analysis, and penalties
(a) Unless the
board designates otherwise in specific cases, the method of sampling and
analysis shall be as set forth in "official Methods of analysis of the the
Association of Official Analytical chemist".
(b) The results of all analyses of official
samples shall be forwarded by the department to the person who registered the
commercial feed and to the' owners of the feed from which the sample had been
drawn.
(c) The assessments for
variance from guaranteed analysis, and mislabeling shall be as follows;
(1) If the analysis of a sample shows a
deviation from permitted analytical variations as provided in "Table I.
Tolerances To Be Applied to Sample Results From Bulk Lots 8/1/80" or "Table II,
Tolerances/To Be Applied To Sample Results From Baggad Lots 3/1/80 located at
the end of this chapter, the registrant shall be penalized as follows:
(A) Penalty assessments for deficiencies in
crude protein shall be based on the relative percentage of deviation from
guarantee which shall be calculated by subtracting the assayed percentage from
the guaranteed percentage and dividing the result by the guaranteed percentage.
Penalty assessments for class A violations shall be equal to the selling price
of the liar times the relative percentage of deviation from guarantee. Penalty
assessments for class B violations snail be equal to twice the selling price of
the lot times the relative percentage of deviation from guarantee;
(B) Penalty .assessments for deficiencies in
crude fat shall be five percent of the selling price of the lot for class A
violations and ten percent for class B violations; and
(C) Penalty assessments for excessiveness in
crude fiber and ash shall be rive per gent of the selling price of the lot for
Class A violations and ten per cant for class B violations; and
(2) If the analysis of a sample
shows a deviation from permitted analytical variations as provided in
"Recommended Permitted Analytical Variations (PAV) Based on AAFCO Check Sample.
Program" on pages 88 and 89, "Feed Control Drug Administration's Assay Control
Limitations For Animal Drugs In Medicated Feeds" on pages 194 and 195, and
"Food Control Drug Administration's Assay Control Limitations For Animal Drugs
In Medicated Premixes on pages 196 and 197 of The Official Publication of the
Association of American Feed Control Officials, incorporated, 1985, which is
made a part of this chapter, the registrant shall be penalized as follows:
(A) Penalty assessments for either
excessiveness or deficiencies in mineral content shall be ten percent of the
spelling price of the lot;
(B)
Penalty assessments for expressiveness of crude protein equivalent from
non-protein nitrogen shall be ten percent of the selling price of the lot? and
(C) Penalty, assessments for
excessiveness or deficiencies in animal drugs or other analysis shall be cent
percent of the selling price of the lot.
(d) Penalties for multiple deficiencies
within a sample shall be applied separately, provided that in no case shall the
penalty exceed the selling price of the lot.
(e) The minimum penalty under this section
shall be $25 or the selling price of the lot whichever is smaller.
(f) All assessments levied by the department
under this section shall within sixty days from date of notice to the
registrant, importer or distributor, be paid to the department to be deposited
to the credit of the state general fund. Failure to pay the assessment shall be
grounds for cancellation of All registrations of the registrant. It is the duty
of the department to institute appropriate proceedings to recover the
assessments.
(g) Penalty
assessments under this section shall not apply to commercial simple feeds,
commercial feeds manufactured or processed by a final user for its own account,
or restricted samples.
(h) If the
microscopic analysis reveals that any commercial mixed feed is mislabeled, the
department may assess a penalty of ten per cent of the selling price of the lot
against the registrant or distributor.
Notes
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