75-56-9 - Registration; specimens; documentation of claims; certificate of registration; cancellation; hearing.
§ 75-56-9. Registration; specimens; documentation of claims; certificate of registration; cancellation; hearing.
On or before the first day of July of each year, and before any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant, may be distributed, for the permit year beginning July 1, the manufacturer, packager or person whose name appears on the label shall make application to the State Chemist on forms provided by the latter for registration for each brand of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant, which he desires to distribute. The application shall be accompanied by specimens or facsimiles of labeling for all container sizes of each brand to be distributed, and by a properly labeled sample of the product. The State Chemist or his designated employees shall inspect, test or analyze the product and review the labeling. Upon request of the State Chemist or his designated employees, any registrant or his representative shall provide documentation of any claim made upon the label or labeling for any of his products regulated by this chapter and sold or offered for sale in the state. If the product is not adulterated or misbranded, if it meets the standards established by this chapter and if the product is not in violation of this chapter, the State Chemist or his designated employees shall issue a certificate of registration authorizing the distribution of such product in this state for the permit year. If the product is adulterated or misbranded, if it fails to meet the standards established by this chapter or if it is in violation of this chapter, the State Chemist or his designated employees shall refuse to register the product and shall return the application to the applicant stating how the product or labeling is not in conformity. If the State Chemist or his designated employees shall, at a later date, find that a properly registered antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant has been materially altered or adulterated, or a change has been made in the name, brand or trademark under which the product is sold, or that it violates the provisions of this chapter, he shall notify the applicant that the license authorizing sale of the product is canceled. No antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant license shall be canceled unless the registrant shall have been given an opportunity for a hearing before the State Chemist to modify his application in order to comply with the requirements of this chapter.
Sources: Laws, 1978, ch. 359, § 4; Laws, 1986, ch. 395, § 20; Laws, 1988, ch. 482, § 10; Laws, 1998, ch. 488, § 4, eff from and after July 1, 1998.