2005 Idaho Code - 22-610 — INSPECTION -- SAMPLING

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 6
                            COMMERCIAL FERTILIZERS
    22-610.  INSPECTION -- SAMPLING. (1) The department shall inspect, sample,
analyze, and test fertilizers distributed within this state, at a time and
place and to the extent the department deems necessary, to determine whether
the fertilizers comply with this chapter. The department may 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 may also, upon presentation of
proper identification, enter any distributor's premises, including any vehicle
of transport, at all reasonable times in order to have access to 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 including, but not limited to,
the association of American plant food control officials (AAPFCO) and the
association of official analytical chemists, international (AOAC).
    (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 section 22-603(21), Idaho Code,
and obtained and analyzed as provided for in this section.
    (4)  When the inspection and analysis of an official sample has been made,
the department shall forward the results of the analysis to the distributor
and manufacturer, and to the purchaser upon request. Upon written request and
within thirty (30) days of the results of analysis, the department shall
furnish to the distributor and/or manufacturer a portion of the sample
concerned.
    (5)  If analyses of samples made by the department indicate deficiencies
in the fertilizer examined, below guaranteed analysis, and in excess of the
tolerances specified by rules promulgated under this chapter, the department
shall immediately notify the manufacturer and/or distributor of the fertilizer
of the results of the analyses. The manufacturer or seller of the fertilizer
may, upon written request, obtain from the department a portion of the
sample(s) in question. If he fails to agree with the analyses of the
department, he may request an umpire who shall be one (1) of a list of not
less than three (3) public analysts of recognized ability in fertilizer
analyses, who shall be named by the department. The umpire analyses shall be
made at the expense of the manufacturer or seller requesting the same. If the
umpire agrees more closely with the department, the figures of the department
shall be considered correct. If the umpire agrees more closely with the
figures of the manufacturer or distributor, then the figures of the
manufacturer or distributor shall be considered correct.
    (6)  Analysis of an official sample by the department shall be accepted as
prima facie evidence by any court of competent jurisdiction.