Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Warrants.
Checkout our iOS App for a better way to browser and research.
(1) The department shall periodically sample, inspect, analyze, and test fertilizers and soil amendments distributed within this state to determine if they comply with this chapter.
(2)
(a) The methods of sampling and analysis shall be those adopted by the AOAC International.
(b) In a case not covered by the methods adopted under Subsection (2)(a), or in a case when a method is available in which improved applicability has been demonstrated, the department may adopt appropriate methods from other sources.
(3) In determining whether a fertilizer or soil amendment is deficient, the department shall be guided solely by the official sample.
(4)
(a) The department may enter any public or private premises or carriers during regular business hours to have access to fertilizers or soil amendments and records relating to the distribution of fertilizers and soil amendments subject to this chapter.
(b) If admittance is refused, the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.
(5) The department shall distribute the results of an official sample.
(6) The department shall retain an official sample for a minimum of 90 days from the issuance of a report.