Indiana § 15-16-2-38 - Inspection, analysis, and tests; entry onto premises; subpoenas

§ 15-16-2-38. Inspection, analysis, and tests; entry onto premises; subpoenas

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

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

(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 use the methods of sampling and analysis for commercial fertilizers that are adopted by AOAC International. In cases of dispute, AOAC International's methods prevail if AOAC International's methods are available. However, in cases not covered by AOAC International's methods, or in cases where methods are available in which improved applicability has been demonstrated, the state chemist may adopt appropriate methods from other sources.

(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; P.L.98-2026, SEC.33.