§ 4.1-40.1-08 — Inspection, sampling, and analysis

North Dakota § 4.1-40.1-08

• Jurisdiction: North Dakota
• Title 4.1: Agriculture
• Ch. 4.1-40.1: Biostimulant and Beneficial Substance Regulation

Text

1. The commissioner may act through an authorized agent to sample, inspect, make
analyses of, and test beneficial substances distributed within the state when it is
necessary to determine if a beneficial substance complies within the provisions of this
chapter. The commissioner may enter into or upon any point of distribution during
operating hours upon notice and open and sample any bulk material, bundle, package,
or other container containing or thought to contain a beneficial substance, and to
inspect labels or access records pertaining to the distribution of the beneficial
substance.
2. The methods of analysis and sampling must be methods approved by the
commissioner, including methods adopted by the journal of the association of
agricultural chemists international.
3. A single package may constitute an official sample. In determining whether a beneficial
substance is deficient, the commissioner may consider only the analysis of the official
sample.
4. If the results of the commissioner's official analysis indicate a beneficial substance
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 an official sample 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 a sample
found to be the subject of a penalty or other legal action.