§ 4.1-40-08 — Inspection, sampling, analysis

1. To determine compliance with this chapter and rules implemented under this chapter,
the commissioner may enter real property during regular business hours and access
any structure or personal property to sample, inspect, analyze, and test fertilizers,
fertilizer material, micronutrients, specialty fertilizers, soil amendments, and plant
amendments distributed in this state.
2. The commissioner shall adopt methods of analysis and sampling from reputable
sources such as the Journal of the AOAC International.
3. A single package may constitute an official sample. In determining whether any
fertilizer, fertilizer material, micronutrient, specialty fertilizer, soil amendment, or plant
amendment is deficient, the commissioner shall only consider the analysis of the
official sample.
4. If the results of the commissioner's official analysis indicate that a fertilizer, fertilizer
material, micronutrient, specialty fertilizer, soil amendment, or plant amendment may
be the subject of a penalty or other legal action, the commissioner shall forward the
analysis to the registrant at least ten days before the report is submitted to the
purchaser. If during the ten-day period no adequate evidence to the contrary is made
available to the commissioner by the registrant, the report becomes official.
5. The commissioner shall retain any official samples found to be deficient for thirty days
following the issuance of the analytical report.
6. Upon request, the commissioner shall furnish to the registrant a portion of any sample
found to be the subject of a penalty or other legal action.