A. The director, who may act through an authorized agent, shall sample, inspect and make analyses of fertilizer materials distributed within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such fertilizer materials are in compliance with the provisions of this article. The director, individually or through an agent, may enter upon any public or private premises during regular business hours in order to have access to such fertilizer materials subject to the provisions of this article and the rules pertaining to this article.

Terms Used In Arizona Laws 3-267

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Fertilizer material: means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil. See Arizona Laws 3-262
  • Official sample: means any sample of fertilizer materials taken by the associate director or the associate director's agent and designated as official by the associate director. See Arizona Laws 3-262
  • Person: includes individual, partnership, association, firm or corporation. See Arizona Laws 3-262

B. The director, in determining for administrative purposes whether or not fertilizer materials are deficient in any of their component parts, shall be guided solely by the official sample as defined in section 3-262, subsection B, and obtained and analyzed as provided in subsection A of this section.

C. The results of official analyses of any fertilizer material that has been found to be subject to penalty or other legal action shall be forwarded by the director to the licensee or other responsible person and to the purchaser within thirty days after the sample is taken. Upon request within thirty days of the issuance of the analytical report, the director shall furnish to the licensee or other responsible person a portion of any sample found subject to penalty or other legal action.