6908 - Inspection, sampling and analysis.

     § 6908.  Inspection, sampling and analysis.        (a)  General rule.--The department shall sample, inspect,     make analysis of and test soil amendments and plant amendments     distributed within this Commonwealth and shall inspect the     storage of soil amendments and plant amendments at any time and     place and to such an extent as the department may deem necessary     to determine whether such soil amendments and plant amendments     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 soil amendments and plant amendments 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 soil and plant amendment 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 soil amendment or plant amendment 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 shall be retained for a minimum of 90 days from issuance     of the penalty report. Upon request, the department shall     furnish to the guarantor a portion of any sample found subject     to penalty or other legal action. Such requests must be made     within 30 days of notification of sample violations.        Cross References.  Section 6908 is referred to in section     6905 of this title.