§ 143-446. Samples; submissions. - North Carolina Statutes

§ 143‑446. Samples; submissions.

(a)        The Board, or its agent, is authorized and directed tosample, test, inspect and make analyses of pesticides sold or offered for saleor distributed within this State, at time and place and to such an extent as itmay deem necessary to determine whether such pesticides are in compliance withthe provisions of this Article. The Board is authorized to adopt regulationsconcerning the collection and examination of samples (or devices), and to adoptregulations establishing tolerances providing for reasonable deviations fromthe guaranteed analysis.

(b)        The official analysis shall be made from the officialsample.  Official samples shall be collected from material that has beenpackaged, labeled and released for shipment. A sealed and identified sample,herein called "official check sample" shall be kept until theanalysis is completed on the official sample, except that the registrant mayobtain upon request a portion of said official sample. If the official analysisconforms with the provisions of this Part, the official check sample may bedestroyed. If the official analysis does not conform with the provisions ofthis Part, then the official check sample shall be retained for a period of 90days from the date of the certificate of analysis of the official sample.

(c)        The Board, of its own motion or upon complaint, may cause anexamination to be made for the purpose of determining whether any pesticidecomplies with the requirements of this Part. If it shall appear from suchexamination that a pesticide fails to comply with the provisions of this Part,the Board may cause notice to be given to the offending person in the mannerprovided in G.S. 143‑464, and the proceedings thereupon shall be asprovided in such section; provided that pesticides may be seized andconfiscated as provided in G.S. 143‑ 447.

(d)        The Board shall, by publication in such manner as it mayprescribe, give notice of all judgments entered in actions instituted under theauthority of this Article. (1971, c. 832, s. 1; 1987, c. 559, s. 9.)