1. A. The head of the Food and Drug Division of the department is authorized to destroy or recommend for destruction:

   1. 1. any official sample when it has been determined that no analysis of the sample will be made:
   2. 2. any official sample, or part thereof, when it has been determined that no notice under Section 637 of the Act, and no case under the Act, is or will be based on the sample;
   3. 3. any official sample, or part thereof, when the sample was the basis of a notice under Section 637 of the Act, and when after opportunity for presentation of views following such notice, it has been determined that no other notice and no case under the Act, is or will be based on the sample:
   4. 4. any official sample or part there of when the sample was a basis of a case under the Act which has gone to final judgment; and when it has been determined that no other such case is or will be based on the sample;
   5. 5. any official sample or part thereof if the article is perishable;
   6. 6. any official sample or part thereof, when after collection such sample or part thereof has become decomposed or otherwise unfit for analysis;
   7. 7. that part of any official sample which is in excess of three times the quantity estimated by the laboratory as sufficient for analysis.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as amended.

Historical Note

HISTORICAL NOTE: Adopted by the Department of Health and Human Resources, Office of Preventive and Public Health Services, September 1968.