Sec. 38. (a) The state chemist shall:

(1) sample, inspect, make analysis of, and test commercial fertilizers distributed within Indiana; and

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Terms Used In Indiana Code 15-16-2-38

  • commercial fertilizer: means mixed fertilizer or fertilizer materials. See Indiana Code 15-16-2-8
  • official sample: means any sample of commercial fertilizer taken by the state chemist or the state chemist's agent. See Indiana Code 15-16-2-14
  • permit: refers to a permit issued under section 34 of this chapter to report the tonnage of commercial fertilizer sold. See Indiana Code 15-16-2-15
  • sale: includes exchange. See Indiana Code 15-16-2-19
  • storage: means the storage of bulk fertilizer by a person who:

    Indiana Code 15-16-2-21

  • use: means the placement or usage of fertilizer materials on a targeted growing area. See Indiana Code 15-16-2-23
(2) inspect the storage of bulk fertilizers in Indiana at a time and place and to such an extent as necessary to determine whether the bulk fertilizers and their storage are in compliance with this chapter.

     (b) The state chemist may enter upon any public or private premises during regular business hours in order to have access to:

(1) fertilizer materials; and

(2) plans and records relating to the transportation, storage, sale, and use of fertilizer materials;

subject to this chapter and the rules adopted under this chapter.

     (c) The state chemist shall adopt methods of sampling and analysis for commercial fertilizers from sources that may include AOAC International. In cases of dispute, AOAC International’s methods prevail if AOAC International’s methods are available.

     (d) The state chemist shall determine for administrative purposes whether a commercial fertilizer is deficient in plant foods using only the official sample obtained and analyzed as provided in subsection (c).

     (e) The state chemist may request a court to issue subpoenas to compel:

(1) the attendance of witnesses; or

(2) the production of books, documents, and records;

as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege granted by a license, certificate, application, registration, or permit issued under this chapter.

[Pre-2008 Recodification Citations: subsections (a), (b) formerly 15-3-3-7(a); subsection (c) formerly 15-3-3-7(b); subsection (d) formerly 15-3-3-7(c).]

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.22; P.L.99-2012, SEC.4.

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