6708 - Inspection, sampling and analysis.

     § 6708.  Inspection, sampling and analysis.        (a)  General rule.--The department shall inspect, sample,     make analyses of and test fertilizers distributed within this     Commonwealth and shall inspect the storage of bulk fertilizer at     any time and place and to such an extent as the department may     deem necessary to determine whether such fertilizers are in     compliance with the provisions of this chapter. The department     or its agent may enter upon any public or private premises or     carriers during regular business hours in order to have access     to fertilizer subject to provisions of this chapter and the     records relating to this chapter.        (b)  Laboratory methodology.--The department shall establish     by regulation the methods of fertilizer sampling and analysis.     In promulgating such regulations, the department shall consider     methods such as those adopted by the Association of Official     Analytical Chemists International. In cases not covered by such     methods or in cases where improved methods are available, the     department may issue a temporary order defining the method to be     utilized. The method defined in the temporary order shall be     effective upon publication in the Pennsylvania Bulletin. The     temporary order shall remain in effect for a period not to     exceed one year unless reissued or until such order is     promulgated as a regulation.        (c)  Deficiency determination.--The department, in     determining whether any fertilizer is deficient, shall be guided     solely by the official sample obtained and analyzed as provided     for in subsections (a) and (b).        (d)  Retention of official samples.--Official samples     maintained by the department and that require imposition of a     penalty for nutrient deficiency shall be retained for a minimum     of 90 days from issuance of a deficiency report. Upon request,     the department shall furnish to the guarantor a portion of any     sample that is subject to penalty or other legal action. Such     requests must be made within 30 days of notification of sample     violations.