| (1) |
The department shall periodically sample, inspect, analyze, and test fertilizers and soil amendments distributed within this state to determine if they comply with this chapter. |
Terms Used In Utah Code 4-13-105
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state. See Utah Code 4-13-102
- Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
| (a) |
The methods of sampling and analysis shall be those adopted by the AOAC International. |
| (b) |
In a case not covered by the methods adopted under Subsection (2)(a), or in a case when a method is available in which improved applicability has been demonstrated, the department may adopt appropriate methods from other sources. |
|
| (3) |
In determining whether a fertilizer or soil amendment is deficient, the department shall be guided solely by the official sample. |
| (4) |
| (a) |
The department may enter any public or private premises or carriers during regular business hours to have access to fertilizers or soil amendments and records relating to the distribution of fertilizers and soil amendments subject to this chapter. |
| (b) |
If admittance is refused, the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples. |
|
| (5) |
The department shall distribute the results of an official sample. |
| (6) |
The department shall retain an official sample for a minimum of 90 days from the issuance of a report. |
Amended by Chapter 311, 2020 General Session
