§ 25.122. Quantity of sample.
When an officer or employe of the Department collects an official sample of a drug, device or cosmetic for analysis under the act, he shall collect at least twice the quantity estimated by him to be sufficient for analysis, unless:
(1) The amount of the article available and reasonably accessible for sampling is less than twice the quantity so estimated.
(2) The cost of twice the quantity so estimated exceeds $20;
(3) The article is perishable;
(4) The sample is collected from a person named on the label of the article, or his agent, and such person is also the owner of the article;
(5) The sample is collected from the owner of the article or his agent, and such article bears no label or, if it bears a label, no person is named thereon; or
(6) The analysis consists principally of rapid, analytical procedures, organoleptic examination, or other field, inspection examination or tests, made at the place where the sample is collected or in a mobile or temporary laboratory. In addition to the quantity of sample prescribed above, the officer or employee shall, if practicable, collect as part of the sample such further amount of the article as he estimates to be sufficient for use as exhibits in the trial of any case that may arise under the act based on the sample.
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