200.10 - INSPECTION, SAMPLING, AND ANALYSIS.
200.10 INSPECTION, SAMPLING, AND ANALYSIS.
1. It shall be the duty of the secretary, who may act through an
authorized agent, to sample, inspect, make analysis of, and test
commercial fertilizers or soil conditioners distributed within this
state at time and place and to such an extent as the secretary may
deem necessary, to determine whether such commercial fertilizers and
soil conditioners are in compliance with the provisions of this
chapter. In the performance of the foregoing duty, the secretary
shall counsel with the director of the Iowa agricultural experimental
station in respect to the time, place and extent of sampling. The
secretary individually or through an agent is authorized to enter
upon any public or private premises or conveyances during regular
business hours in order to have access to commercial fertilizers or
soil conditioners subject to the provisions of this chapter and the
rules and regulations pertaining thereto. It shall be the duty of
the secretary to maintain a laboratory with the necessary equipment
and to employ such employees as may be necessary to aid in the
administration and enforcement of this chapter.
2. a. The methods of sampling and analysis shall be the
official methods of the association of official agricultural chemists
in all cases where methods have been adopted by the association.
b. The findings of the state chemist or the state chemist's
deputy, as shown by the sworn statement of the results of analysis of
official samples of any brand and grade of commercial fertilizer,
fertilizer material or soil conditioner, shall constitute prima facie
evidence of their correctness in the courts of this state, as to the
particular lots sampled and analyzed.
3. The secretary, in determining for administrative purposes
whether any commercial fertilizer is deficient in plant food, or soil
conditioner deficient in guaranteed active ingredients, shall be
guided by the official sample as defined in subsection 17 of section
200.3, and obtained and analyzed as provided for in subsection 2 of
this section.
4. The results of official analysis of any commercial fertilizer
or soil conditioner which has been found to be in violation of any
provision of this chapter, shall be forwarded by the secretary to the
registrant. Upon request, the secretary shall furnish to the
registrant a portion of any sample. Section History: Early Form
[C46, 50, 54, § 200.7--200.9; C58, 62, § 200.11; C66, 71, 73, 75,
77, 79, 81, § 200.10] Section History: Recent Form
2009 Acts, ch 41, §263