43-11-108 - Inspection, sampling, analysis. - Tennessee Statutes

43-11-108. Inspection, sampling, analysis.

(a)  It is the duty of the commissioner or the commissioner's agent to sample, inspect, make analysis of, and test commercial fertilizer distributed within this state, and the commissioner or agent is authorized to enter upon any public or private premises or carriers at a time and place and to such extent as the commissioner or agent may deem necessary to determine whether their commercial fertilizers are in compliance with this part.

(b)  The methods of analysis and sampling shall be those adopted by the official from sources such as the Association of Official Analytical Chemists Journal.

(c)  The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in § 43-11-103, and obtained and analyzed as provided for in subsection (b).

(d)  The results of official analysis of any commercial fertilizer that has been found to be subject to penalty or other legal action shall be forwarded by the commissioner to the registrant at least ten (10) days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the commissioner, the report shall become official. Upon request, the commissioner shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.

[Acts 1969, ch. 102, § 8; T.C.A., § 43-1128; Acts 1986, ch. 659, § 7.]