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adulterated or misbranded within the meaning of this Title chapter | or chapter 103. |
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| | Sec. 25. 7 MRSA §490 is enacted to read: |
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| §490.__Sampling and analysis of seed, commercial feed, |
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| commercial fertilizer and food |
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| | 1.__Right of entry.__ For the purposes of administering and | enforcing this subchapter, the commissioner and agents authorized | by the commissioner have rights of access, ingress and egress at | reasonable hours to any place or building where seeds, commercial | feed, commercial fertilizer or food is sold or offered for sale | or where those items are stored, manufactured or transported | prior to sale or being offered for sale. |
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| | 2.__Taking of samples.__For the purposes of administering and | enforcing this subchapter, the commissioner and agents authorized | by the commissioner may open any case, package or other container | of seeds, commercial feed, commercial fertilizer or food.__Upon | receipt of a written request for payment, the commissioner shall | pay the fair market value of any samples taken and retained or | destroyed. |
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| | 3. Analysis and disclosure of test results.__The commissioner | may submit a sample obtained for the purposes of enforcing this | subchapter to a public or private laboratory for analysis.__The | commissioner shall make available to the public the results of | such an analysis, including the name of the person from whom the | sample was obtained, the name of the manufacturer of the sample | and additional information that the commissioner believes is | advisable. |
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| | 4.__Issuance of certificate.__A certificate stating the | results of an analysis performed in accordance with this section | and signed by the director of the laboratory performing the | analysis is presumptive evidence of the facts stated in the | certificate. |
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| | Sec. 26. 7 MRSA §508, sub-§7, as enacted by PL 1965, c. 65, is | amended to read: |
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| | 7. Reused food or drugs. The introduction To introduce or | delivery deliver for introduction into commerce, or the receipt | in commerce and subsequent delivery or proffered delivery for pay | or otherwise, of a hazardous substance in a reused food, drug or | cosmetic container or in a container which that, though not a | reused container, is identifiable as a food, drug or cosmetic | container by its labeling or other identification. The reuse of a | food, drug or cosmetic container as a container for a hazardous |
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