2006 Code of Virginia § 3.1-106.7 - Inspection, sampling and analysis

3.1-106.7. Inspection, sampling and analysis.

A. It shall be the duty of the Commissioner or his agent to (i) sample,inspect, analyze, and test any regulated product distributed within theCommonwealth; (ii) inspect storage facilities where such regulated product isstored; (iii) monitor and, where the Commissioner deems it necessary,regulate the manufacturing procedures of such regulated products as affectedby best management practices for manufacturing containment, andconsiderations of environmental factors; and (iv) allocate adequate personnelto the major farm fertilizer consuming areas of the state to carry out hisduties under this act as such duties relate to insuring the quality,analysis, and quantity of fertilizer sold and distributed in the state.

The Commissioner or his agent shall sample, inspect, analyze, and monitor,during operating hours of subject person and to the extent the Commissioneror his agent deems necessary, to determine whether such regulated product isin compliance with the provisions of this chapter. The Commissioner or hisagent is authorized to enter upon the premises or carriers of any personsubject to regulation under this act, during operating hours, in order tohave access to (i) regulated product, storage facilities and manufacturingpractices subject to this chapter and the regulations pertaining thereto, and(ii) records relating to the distribution and storage of regulated product.

B. Any person who shall hinder or obstruct in any way the Commissioner or hisagent in the performance of his official duties shall be guilty of a Class 3misdemeanor.

C. The Commissioner or his agent shall use the methods of sampling andanalysis adopted by the Commissioner or the Board.

D. The Commissioner or his agent, in determining for administrative purposeswhether any fertilizer is deficient in plant food, shall be guided solely bythe official sample. The Commissioner or his agent shall obtain and analyzesamples as specified in subsection C of this section.

E. The Commissioner or his agent may distribute information regardingofficial analysis of fertilizers. The Commissioner or his agent shall retainofficial samples establishing an assessment for variance from guarantee for aminimum of ninety days from issuance of a deficiency report.

(1994, c. 740; 1995, c. 104.)