HAR §4-45-18. Sampling, analysis, and penalties

(a) Unless the board designates otherwise in specific cases, the methods of sampling and analysis shall be as set forth in "Official Methods of Analysis of the Association of Official Analytical Chemists, 1985". 45-13 835 §4-45-18 (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 owner 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 Bagged Lots 8/1/80" 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 lot times the relative percentage of deviation from guarantee. Penalty assessments for class B violations shall 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 per cent of the selling price of the lot for class A violations and ten per cent for class B violations; and (C) Penalty assessments for excessiveness in crude fiber and ash shall be five per cent of the selling price of the lot for class A violations and ten per cent 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 45-14 §4-45-18 Control Drug Administration's Assay Contraol 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 per cent of the selling price of the lot; (B) Penalty assessments for excessiveness of crude protein equivalent from non-protein nitrogen shall be ten per cent of the selling price of the lot; and (C) Penalty assessments for excessiveness or deficiencies in animal drugs or other analysis shall be ten per cent 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. [Eff 5/29/81; am and comp 1/16/84; am and comp MAR 24 1986] (Auth: HRS §144-10) (Imp: HRS §§144-9 and 144-10) 45-15 835 §4-45-19 # SUBCHAPTER 2 # PROCESSED POULTRY WASTE PRODUCTS