Section 105 - Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Warrants.

UT Code § 4-13-105 (2019) (N/A)

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(1) The department shall periodically sample, inspect, analyze, and test commercial fertilizers and soil amendments distributed within this state to determine if they comply with this chapter.

(2) Methods of analysis and sampling shall be in accordance with those adopted by the department from sources such as the Association of Official Analytical Chemists Journal.

(3) In determining whether a commercial fertilizer or soil amendment is deficient, the department shall be guided solely by the official sample.

(4) (a) The department is authorized to enter any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers or soil amendments subject to this chapter. (b) If admittance is refused, the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.

(a) The department is authorized to enter any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers or soil amendments subject to this chapter.

(b) If admittance is refused, the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.

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Section 106 - Distribution of fertilizers not complying with labeling requirements prohibited -- Guaranteed analysis deficient -- Penalty assessed -- Time for payment -- Court action to vacate or amend finding authorized.