§ 3.1-106.7. (Repealed effective October 1, 2008) Inspection, sampling and analysis
A. It shall be the duty of the Commissioner or his agent to (i) sample, inspect, analyze, and test any regulated product distributed within the Commonwealth; (ii) inspect storage facilities where such regulated product is stored; (iii) monitor and, where the Commissioner deems it necessary, regulate the manufacturing procedures of such regulated products as affected by best management practices for manufacturing containment, and considerations of environmental factors; and (iv) allocate adequate personnel to the major farm fertilizer consuming areas of the state to carry out his duties under this act as such duties relate to insuring the quality, analysis, and quantity of fertilizer sold and distributed in the state.
The Commissioner or his agent shall sample, inspect, analyze, and monitor, during operating hours of subject person and to the extent the Commissioner or his agent deems necessary, to determine whether such regulated product is in compliance with the provisions of this chapter. The Commissioner or his agent is authorized to enter upon the premises or carriers of any person subject to regulation under this act, during operating hours, in order to have access to (i) regulated product, storage facilities and manufacturing practices subject to this chapter and the regulations pertaining thereto, and (ii) records relating to the distribution and storage of regulated product.
B. Any person who shall hinder or obstruct in any way the Commissioner or his agent in the performance of his official duties shall be guilty of a Class 3 misdemeanor.
C. The Commissioner or his agent shall use the methods of sampling and analysis adopted by the Commissioner or the Board.
D. The Commissioner or his agent, in determining for administrative purposes whether any fertilizer is deficient in plant food, shall be guided solely by the official sample. The Commissioner or his agent shall obtain and analyze samples as specified in subsection C of this section.
E. The Commissioner or his agent may distribute information regarding official analysis of fertilizers. The Commissioner or his agent shall retain official samples establishing an assessment for variance from guarantee for a minimum of ninety days from issuance of a deficiency report.
(1994, c. 740; 1995, c. 104.)
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