§ 15-16-2-38 — Inspection, analysis, and tests; entry onto premises; subpoenas

Indiana § 15-16-2-38

• Jurisdiction: Indiana
• Art. 16: HORTICULTURE CONTROL
• Ch. 2: Commercial Fertilizers

Text

(a) The state chemist shall:
(1) sample, inspect, make analysis of, and test commercial
fertilizers distributed within Indiana; and
(2) inspect the storage of bulk fertilizers in Indiana at a time and
place and to such an extent as necessary to determine whether the
bulk fertilizers and their storage are in compliance with this
chapter.
(b) The state chemist may enter upon any public or private premises
during regular business hours in order to have access to:
(1) fertilizer materials; and
(2) plans and records relating to the transportation, storage, sale,
and use of fertilizer materials;
subject to this chapter and the rules adopted under this chapter.
(c) The state chemist shall adopt methods of sampling and analysis
for commercial fertilizers from sources that may include AOAC
International. In cases of dispute, AOAC International's methods
prevail if AOAC International's methods are available.
(d) The state chemist shall determine for administrative purposes
whether a commercial fertilizer is deficient in plant foods using only
the official sample obtained and analyzed as provided in subsection (c).
(e) The state chemist may request a court to issue subpoenas to
compel:
(1) the attendance of witnesses; or
(2) the production of books, documents, and records;
as part of an authorized investigation or a hearing located in Indiana
affecting the authority or privilege granted by a license, certificate,
application, registration, or permit issued under this chapter.
[Pre-2008 Recodification Citations: subsections (a), (b)
formerly 15-3-3-7(a); subsection (c) formerly 15-3-3-7(b);
subsection (d) formerly 15-3-3-7(c).]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.22; P.L.99-2012, SEC.4.