Inspection of premises and records -- Authority to take samples -- Inspection results reported

(1) An authorized agent of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may: (a) enter at reasonable times a factory, farm, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce or after introduction into commerce; (b) enter a vehicle being used to transport or hold food in commerce; (c) inspect at reasonable times and within reasonable limits and in a reasonable manner a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling located within the factory, warehouse, establishment, or vehicle; (d) obtain samples necessary for the enforcement of this chapter if the department: (i) pays the posted price for the sample if requested to do so; and (ii) receives a signed receipt from the person from whom the sample is taken; and (e) have access to and copy all records of carriers in commerce showing: (i) the movement in commerce of food; (ii) the holding of food during or after movement in commerce; and (iii) the quantity, shipper, and consignee of food. (2) Evidence obtained under this section may not be used in a criminal prosecution of the person from whom the evidence was obtained. (3) A carrier is subject to the other provisions of this chapter by reason of the carrier's receipt, carriage, holding, or delivery of food in the usual course of business as a carrier. (4) After the inspection of a factory, warehouse, consulting laboratory, or other establishment and before leaving the premises, the authorized agent making the inspection shall give the owner, operator, or agent in charge a written report describing any conditions or practices observed by the agent during the inspection which, in the agent's judgment, indicate that a food in the establishment: (a) consists in whole or in part of a filthy, putrid, or decomposed substance; or (b) has been prepared, packed, or held under unsanitary conditions whereby the food may have become contaminated with filth or been rendered injurious to health. (5) A copy of the report required under Subsection (4) shall be sent promptly to the department. (6) If the authorized agent making the inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, the agent shall give to the owner, operator, or agent in charge: (a) a receipt describing the samples obtained; and (b) if an analysis is made of the sample for the purpose of ascertaining whether the food consists in whole or in part of a filthy, putrid, or decomposed substance or is otherwise unfit for food, a copy of the results of the analysis.