(a) The commissioner shall audit, inspect, sample, analyze and test agricultural liming materials used, sold or offered for sale within the state as he or she considers necessary to determine whether the agricultural liming materials are in compliance with the provisions of this article. For this purpose the commissioner may enter upon any public or private premises or carriers during reasonable times to inspect and sample liming materials and to inspect records related to their distribution.
(b) The methods of analysis and sampling shall be those approved by the commissioner and guided by the AOAC procedures.
(c) The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the commissioner as he or she considers necessary to carry out the enforcement of this article.
(d) The commissioner shall, on request, provide the registrant with a portion of the official sample: Provided, That the request is made within thirty days of the assessment of a violation.
(e) In determining whether any agricultural liming material is deficient in guarantee, the commissioner shall be guided solely by the official sample.
Structure West Virginia Code
Article 15A. West Virginia Agricultural Liming Materials Law
§19-15A-1. Definitions of Words and Terms
§19-15A-2. Registration of Brands; Registration Fees
§19-15A-3. Required Labeling; Toxic Materials Prohibited
§19-15A-4. Inspection Fee; Report of Tonnage; Annual Report
§19-15A-5. Inspection; Sampling; Analysis
§19-15A-6. Embargo; Suspension or Cancellation of Registration; Seizure of Materials
§19-15A-7. Deficiency Assessment, Tolerances and Payment
§19-15A-8. Rule-Making Authority