RCW 15.54.370
Official samples—Inspection, analysis, testing—Right of entry.
(1) It shall be the duty of the department to inspect, sample, make analysis of, and test commercial fertilizers distributed within this state at such time and place and to such an extent as it may deem necessary to determine whether such fertilizers are in compliance with the provisions of this chapter. The department is authorized to stop any commercial vehicle transporting fertilizers on the public highways and direct it to the nearest scales approved by the department to check weights of fertilizers being delivered. The department is also authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to commercial fertilizers and to records relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources.
(3) The department, in determining for administrative purposes whether a fertilizer is deficient in any component or total nutrients, shall be guided solely by the official sample as defined in RCW 15.54.270 and obtained and analyzed as provided for in this section.
(4) When the inspection and analysis of an official sample has been made, the results of analysis shall be forwarded by the department to the registrant or licensee and to the purchaser, if known. Upon request and within thirty days, the department shall furnish to the registrant or licensee a portion of the sample concerned.
(5) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.
[ 1993 c 183 § 8; 1987 c 45 § 16; 1967 ex.s. c 22 § 25.]
NOTES:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
Structure Revised Code of Washington
Title 15 - Agriculture and Marketing
Chapter 15.54 - Fertilizers, Minerals, and Limes.
15.54.275 - Bulk fertilizer distribution license—Fee.
15.54.325 - Commercial fertilizer registration—Required for distribution—Application—Fees.
15.54.330 - Commercial fertilizer registration—Application review—Labels and guarantees.
15.54.340 - Labeling requirements.
15.54.362 - Reports—Inspection fees—Late fees—Confidentiality—Penalty—Exception.
15.54.370 - Official samples—Inspection, analysis, testing—Right of entry.
15.54.400 - Restrictions on sale—Minimum percentages.
15.54.430 - Publication of distribution information, analyses results.
15.54.433 - Fertilizer database—Public availability—Biennial report to legislature.
15.54.450 - Noncompliance—Seizure—Disposition—Associated costs.
15.54.460 - Damages from administrative action, stop sales or seizures.
15.54.470 - Violations—Department discretion—Duty of prosecuting attorney—Injunctions.
15.54.474 - Penalty—Failure to comply with chapter or rule.
15.54.480 - Disposition of moneys.
15.54.490 - Cooperation with other entities.
15.54.500 - Turf fertilizer—Prohibitions on application, sales, and retail display.
15.54.800 - Enforcement of chapter—Adoption of rules.
15.54.910 - Prior liability preserved.
15.54.940 - Continuation of rules adopted pursuant to repealed sections.