15.54.370 - Official samples--Inspection, analysis, testing -- Right of entry. - Washington Statutes

Official samples — Inspection, analysis, testing — Right of entry.

(1) It shall be the duty of the department to inspect, sample, make analysis of, and test commercial fertilizers distributed within this state at such time and place and to such an extent as it may deem necessary to determine whether such fertilizers are in compliance with the provisions of this chapter. The department is authorized to stop any commercial vehicle transporting fertilizers on the public highways and direct it to the nearest scales approved by the department to check weights of fertilizers being delivered. The department is also authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to commercial fertilizers and to records relating to their distribution.

     (2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources.

     (3) The department, in determining for administrative purposes whether a fertilizer is deficient in any component or total nutrients, shall be guided solely by the official sample as defined in RCW 15.54.270 and obtained and analyzed as provided for in this section.

     (4) When the inspection and analysis of an official sample has been made, the results of analysis shall be forwarded by the department to the registrant or licensee and to the purchaser, if known. Upon request and within thirty days, the department shall furnish to the registrant or licensee a portion of the sample concerned.

     (5) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.

[1993 c 183 § 8; 1987 c 45 § 16; 1967 ex.s. c 22 § 25.]

Notes: Construction -- Severability -- 1987 c 45: See notes following RCW 15.54.270.