Pennsylvania § 6823 - Inspection, sampling and analysis.

§ 6823. Inspection, sampling and analysis.

(a) Authorization.--For purposes of enforcement of this chapter, the department or its agent may enter upon any public or private premises or carriers at reasonable times, including any vehicle being used to transport or hold fertilizer, as may be necessary to determine compliance with this chapter. The department may also:

(1) Have access for the purpose of inspecting any equipment subject to this chapter and the premises on which the equipment is kept or stored.

(2) Inspect and sample lands, plants or waterways actually or reported to be exposed to fertilizers.

(3) Inspect storage or disposal areas.

(4) Inspect or investigate complaints of injury to humans, animals, plants or the environment.

(5) Sample fertilizers being manufactured, processed, packed or held for distribution, being applied or to be applied.

(6) Have access to records relating to the manufacture, distribution, sale, storage and use of fertilizer.

(b) Inspection.--

(1) The department may conduct unannounced inspections, but shall give written notice to the owner or person in charge of the facility, warehouse, establishment, premises or vehicle at the time of inspection and sampling.

(2) A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection.

(c) Samples.--If an employee conducting an inspection obtains a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, the employee may, when possible, give to the owner, operator or agent in charge a receipt describing the samples obtained.

(d) Methodology.--

(1) The methods of fertilizer sampling and analysis by the department may include those methods adopted by the Association of Official Analytical Chemists International.

(2) In cases not covered by those 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 the notice is promulgated as a regulation.

(e) Deficiency determination.--In determining whether a fertilizer is deficient in nutrients, the department shall be guided solely by the official sample obtained.

(f) Maintenance by official samples.--

(1) Official samples maintained by the department and that require imposition of a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a fertilizer deficiency report or an official report of analysis.

(2) Upon request, the department shall furnish to the guarantor a portion of the official sample.

(3) Requests must be made within 30 days of receipt of a fertilizer deficiency report or an official report of analysis.

Cross References. Section 6823 is referred to in section 6824 of this title.