3.2-3618 - Inspection, sampling and analysis; penalty.
§ 3.2-3618. Inspection, sampling and analysis; penalty.
A. The Commissioner shall: (i) sample, inspect, analyze, and test anyregulated product distributed within the Commonwealth; (ii) inspect storagefacilities where such regulated product is stored; (iii) monitor and, wherethe Commissioner deems it necessary, regulate the manufacturing procedures ofsuch regulated products as affected by best management practices formanufacturing containment and considerations of environmental factors; and(iv) allocate adequate personnel to the major farm fertilizer consuming areasof the state to carry out his duties under this chapter as such duties relateto insuring the quality, analysis, and quantity of fertilizer sold anddistributed in the state.
The Commissioner is authorized to enter during operating hours the premisesor carriers of any person subject to regulation under this chapter, in orderto have access to: (i) the regulated product, storage facilities andmanufacturing practices; and (ii) records relating to the distribution andstorage of regulated product.
B. Any person who shall hinder or obstruct in any way the Commissioner in theperformance of his official duties is guilty of a Class 3 misdemeanor.
C. The Commissioner shall use the methods of sampling and analysis adopted bythe Commissioner or the Board.
D. The Commissioner, in determining for administrative purposes whether anyfertilizer is deficient in plant food, shall be guided solely by the officialsample. The Commissioner shall obtain and analyze samples as specified insubsection C of this section.
E. The Commissioner may distribute information regarding official analysis offertilizers. The Commissioner shall retain official samples establishing anassessment for variance from guarantee for a minimum of 90 days from issuanceof a deficiency report.
(1994, c. 740, § 3.1-106.7; 1995, c. 104; 2008, c. 860.)