                                 CODE OF VIRGINIA

INSPECTION, SAMPLING AND ANALYSIS; PENALTY (§ 3.2-3618)

A. The Commissioner shall: (i) sample, inspect, analyze, and test any regulated
product distributed within the Commonwealth; (ii) inspect storage facilities
where such regulated product is stored; (iii) monitor and, where the
Commissioner deems it necessary, regulate the manufacturing procedures of such
regulated products as affected by best management practices for manufacturing
containment and considerations of environmental factors; and (iv) allocate
adequate personnel to the major farm fertilizer consuming areas of the state to
carry out his duties under this chapter as such duties relate to insuring the
quality, analysis, and quantity of fertilizer sold and distributed in the state.
			The Commissioner is authorized to enter during operating hours the premises
or carriers of any person subject to regulation under this chapter, in order to
have access to: (i) the regulated product, storage facilities and manufacturing
practices; 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 in the
performance of his official duties is guilty of a Class 3 misdemeanor.

C. The Commissioner shall use the methods of sampling and analysis adopted by
the Commissioner or the Board.

D. The Commissioner, in determining for administrative purposes whether any
fertilizer is deficient in plant food, shall be guided solely by the official
sample. The Commissioner shall obtain and analyze samples as specified in
subsection C of this section.

E. The Commissioner may distribute information regarding official analysis of
fertilizers. The Commissioner shall retain official samples establishing an
assessment for variance from guarantee for a minimum of 90 days from issuance of
a deficiency report.

HISTORY: 1994, c. 740, § 3.1-106.7; 1995, c. 104; 2008, c. 860.