Colorado § 35-12-108 Inspection, sampling, and analysis

Colorado Statutes

§ 35-12-108 — Inspection, sampling, and analysis

Colorado·Title 35 Agriculture·Art. Commercial Fertilizers and Soil Conditioners

(1)The commissioner shall sample, inspect, make analyses of, and test commercial fertilizers, soil conditioners, plant amendments, and compost distributed within this state at such time and place and to such an extent as the commissioner deems advisable to determine whether such products are in compliance with the provisions of this article. The commissioner is authorized to enter upon any public or private premises or carriers during regular business hours in order to access commercial fertilizers, soil conditioners, plant amendments, and compost subject to the provisions of this article and the rules adopted pursuant to this article.

(2)The methods of analysis and sampling shall be those adopted by the commissioner from sources including the association of official analytical

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(1) The commissioner shall
sample, inspect, make analyses of, and test commercial fertilizers, soil conditioners,
plant amendments, and compost distributed within this state at such time and place
and to such an extent as the commissioner deems advisable to determine whether
such products are in compliance with the provisions of this article. The
commissioner is authorized to enter upon any public or private premises or carriers
during regular business hours in order to access commercial fertilizers, soil
conditioners, plant amendments, and compost subject to the provisions of this
article and the rules adopted pursuant to this article.

(2) The methods of analysis and sampling shall be those adopted by the
commissioner from sources including the association of official analytical chemists
international or a successor organization, Colorado state university, or other
authoritative sources deemed reliable by the commissioner.

(3) The commissioner, in determining whether any commercial fertilizer, soil
conditioner, plant amendment, or compost violates this article, shall base such
determination solely upon official samples obtained and analyzed in accordance
with subsections (1) and (2) of this section.

(4) The result of an analysis of a sample of any commercial fertilizer, soil
conditioner, plant amendment, or compost that indicates a deficiency shall be
forwarded promptly to the registrant. Upon request within thirty days after the date
the analysis report is forwarded, the commissioner shall furnish to the registrant a
portion of any official sample. If, within forty-five days after forwarding of the
analysis report indicating a deficiency, no adequate evidence contradicting the
analysis report is made available to the commissioner, the report of the sample
analysis shall become official.

Colorado § 35-12-108 (Inspection, sampling, and analysis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 71: R&RE, p. 139, � 1. C.R.S. 1963: � 6-13-8. L. 77: Entire section amended, p. 1590, � 7, effective July 1. L. 2008: Entire article amended, p. 1619, � 1, effective August 5.