Sec. 39. If an official commercial fertilizer analysis conducted by the state chemist under section 38 of this chapter results in a determination that the registrant of a commercial fertilizer is subject to a penalty or other legal action under this chapter, the state chemist shall forward a report of the results of the analysis to the registrant at least thirty (30) days before the report is submitted to the purchaser of the commercial fertilizer. If the analysis was requested by a person other than the state chemist, the results of the analysis shall be forwarded to the registrant and purchaser immediately. If, during the thirty (30) day period, the state chemist does not receive adequate evidence contesting the results in the report, the report becomes an official report at the expiration of the thirty (30) day period. Upon the registrant's request, the state chemist shall furnish to the registrant part of the commercial fertilizer sample analyzed by the state chemist to determine that the registrant is subject to a penalty or other legal action under this chapter.
[Pre-2008 Recodification Citation: 15-3-3-7(d).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.23.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 16. Horticulture Control
Chapter 2. Commercial Fertilizers
15-16-2-1. State Chemist; Appointment
15-16-2-1.5. Manure Based Fertilizer; Exceptions; Rules
15-16-2-2. Construction of Chapter
15-16-2-2.5. "Ammonium Nitrate"
15-16-2-8. "Commercial Fertilizer"
15-16-2-11. "Fertilizer Material"
15-16-2-13. "Mixed Fertilizer"
15-16-2-16. "Percent"; "Percentage"
15-16-2-20. "Specialty Fertilizer"
15-16-2-24. Office of the State Chemist Established; Appointment; Administration
15-16-2-25. Fertilizer Advisory Board; Establishment; Membership
15-16-2-26. Members; Removal; Vacancies
15-16-2-30. Per Diem and Travel Expenses
15-16-2-32. Labeling Requirements
15-16-2-33. Inspection Fee; Exemptions
15-16-2-34. Permit to Report Commercial Fertilizer Sold; Fee
15-16-2-35. Disposition of Inspection Fees
15-16-2-36. Excess Funds From Fees Collected; Disposition
15-16-2-37. Annual Publication by State Chemist; Information Required
15-16-2-38. Inspection, Analysis, and Tests; Entry Onto Premises; Subpoenas
15-16-2-39. Official Commercial Fertilizer Analysis; Report
15-16-2-40. Noncompliance With Analysis; Order for Refund to Purchaser; Appeal
15-16-2-41. Storage of Bulk Fertilizers
15-16-2-42. Misbranded and Adulterated Commercial Fertilizers; Unlawful Distribution
15-16-2-44. Rules; Certification and Education Programs; Fees; Waivers
15-16-2-44.5. Disposition of Fees
15-16-2-45. Use of Technologies to Protect Waters From Release of Bulk Fertilizers
15-16-2-46. Stop Sale, Use, or Removal Orders
15-16-2-49.5. Violations; Penalties
15-16-2-50. Regulation by Political Subdivision Prohibited; Petition; Hearing