Louisiana Administrative Code
Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS
Part I - Regulations
Chapter 1 - General Regulations
Section I-135 - Reserved Samples [Formerly 49:1.0200]
Universal Citation: LA Admin Code I-135
Current through Register Vol. 50, No. 9, September 20, 2024
A.
1. Upon
completion of analyses by the laboratory whereby it is established that any
article subject to the provisions of the Act is adulterated, misbranded, or
otherwise subject to the prohibitions of the Act, a sufficient amount of the
sample (if any remains) shall be reserved as an exhibit in the trial of any
case that may arise under the Act based on the sample. Upon written request, if
any person named on the label of the article found adulterated, misbranded, or
otherwise subject to the prohibitions of the Act, or owner thereof, or the
attorney or agent of such person or owner shall be provided with a part of the
sample for their analysis, if any remains, subject to the reservations above,
except when:
a. the sample or remaining part
thereof has, after collection become decomposed or otherwise fit for analysis;
or
b. the request for a portion of
the sample on which the trial action is based is not made within a reasonable
time before the date the case is set for trial.
2. The person, owner, attorney, or agent, who
requests the part of the ample, shall specify the amount desired. A request
from an owner shall be accompanied by the evidence of ownership, and a request
from an attorney or agent by evidence of authority from the person or owner to
receive a part of the sample. When two or more requests for parts of the sample
are received, the requests shall be complied with in the order in which they
were received so long as any part of the sample remains available therefore.
AUTHORITY NOTE: Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as amended.
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