J. MILLARD TAWES, Governor 415
adopting of such regulations the State Chemist shall give due regard
to commonly-accepted definitions such as those issued by the Asso-
ciation of American Fertilizer Control Officials.
(e) If any word, statement, or other information required by or
under authority of this subtitle to appear on the label or labeling is
not prominently placed thereon with such conspicuousness (as com-
pared with other words, statements, designs, or devices, in the label-
ing) and in such terms as to render it likely to be read and under-
stood by the ordinary individual under customary conditions of
purchase and use.
478.
Inspection, Sampling, Analysis.
(a) Duty of State Chemist; Right of Entry. It shall be the duty
of the State Chemist who may act through his authorized agent, to
sample, inspect, make analyses of, and test commercial fertilizers
distributed within this State at such time and place to such an extent
as he may deem necessary to determine whether such fertilizers are
in compliance with the provisions of this subtitle. The State Chemist
individually or through his agent, is authorized to enter upon any
public or private premises including any vehicle of transport during
regular business hours in order to have access to commercial fer-
tilizers and to records relating to their distribution.
(b) Methods of Sampling and Analysis. The methods of sampling
and analysis shall be those adopted by the State Chemist from sources
such as the Journal of the Association of Official Agricultural Chem-
ists, or from such methods as will insure representative sampling
and accurate examination.
(c) Fertilizers Judged Deficient on Basis of Official Sample Only.
The State Chemist in determining for administrative purposes
whether a commercial fertilizer is deficient in any component, shall
be guided solely by the official sample as defined in Subsection (L)
of Section 473 and obtained and analyzed as provided for in Sub-
section 478 (b) of this subtitle.
(d) Procedure When Inspection and Analysis Indicate Adultera-
tion or Misbranding. When the inspection and analysis of an official
sample indicates a commercial fertilizer has been found deficient or
misbranded, the results of analysis shall be forwarded by the State
Chemist to the distributor at least ten days before the report is sub-
mitted to the distributee. Upon request within thirty days, the State
Chemist shall furnish to the distributor a portion of the sample con-
cerned.
479.
Rules and Regulations.
The State Board of Agriculture or authorized agent is hereby
charged with the enforcement of this subtitle and after due notice
and due public hearing is empowered to promulgate and adopt such
reasonable rules and regulations as may be necessary in order to
secure the efficient administration of this subtitle.
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