2011 New Mexico Statutes
Chapter 76: Agriculture
Article 11: Fertilizers, 76-11-1 through 76-11-19
Section 76-11-7: Inspection; sampling; analysis.
76-11-7. Inspection; sampling; analysis.
A. The department, shall sample, inspect, make analyses of and test commercial fertilizers and soil conditioners distributed within this state at a time and place and to the extent as it may be deemed necessary to determine whether the commercial fertilizer or soil conditioner is in compliance with the New Mexico Fertilizer Act [Article 11 of Chapter 76 NMSA 1978]. The department may enter upon any public or private premises or carriers during the regular business hours in order to have access to commercial fertilizer or soil conditioners subject to the provisions of the New Mexico Fertilizer Act and the regulations pertaining thereto.
B. The methods of analysis and sampling shall be those adopted by the department from sources such as the association of official agricultural chemists.
C. The department in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined by Section 76-11-3 NMSA 1978 of the New Mexico Fertilizer Act, obtained and analyzed as provided for in Subsection B of this section.
D. Upon request, the department shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.
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