Article 9 - Inspection, Sampling, and Analysis

California Food and Agricultural Code — §§ 14641-14648

Sections (8)

Amended by Stats. 2009, Ch. 257, Sec. 14. (AB 856) Effective January 1, 2010.

The secretary shall have free access at reasonable times to all records, premises, production processes, or conveyances that are used in the manufacture, transportation, importation, distribution, storage, or application of any fertilizing material.

Amended by Stats. 2009, Ch. 257, Sec. 15. (AB 856) Effective January 1, 2010.

The secretary shall, at the times and to the extent necessary for the enforcement of this chapter, do all of the following:

(a)Take samples of any substance.
(b)Make analyses or examinations of any substance.
(c)Conduct investigations concerning the use, sale, adulteration, or misbranding of any substance.
(d)Inspect the fertilizing material manufacturing facilities and take samples at various stages of production to verify label and labeling claims and production

processes.

Amended by Stats. 2005, Ch. 490, Sec. 21. Effective January 1, 2006.

In determining the percentage of component parts of any substance for the purpose of proper labeling, registration, or determining compliance with representations, all analyses shall be made according to a method determined by the secretary.

Amended by Stats. 2005, Ch. 490, Sec. 22. Effective January 1, 2006.

The secretary shall publish, at least annually, the results of examinations or chemical analyses of official samples of commercial fertilizer and agricultural minerals, and any additional information the secretary deems necessary.

Amended by Stats. 2005, Ch. 490, Sec. 23. Effective January 1, 2006.

The secretary may take a sample for analysis from any lot of fertilizing material which is in the possession of any producer, manufacturer, importer, agent, dealer, or user. The sample shall be taken pursuant to regulations adopted by the secretary.

Amended by Stats. 2005, Ch. 490, Sec. 24. Effective January 1, 2006.

The secretary shall establish sampling procedures by regulation.

Amended by Stats. 2005, Ch. 490, Sec. 25. Effective January 1, 2006.

Upon the analysis of a sample of fertilizing material, the secretary shall issue a report showing the findings and indicating that the product has met the guarantee or was found to be deficient. However, the secretary, in determining whether any product is deficient in guarantee or misrepresented, may establish, by regulation, tolerances that provide allowances for variations that occur in the taking, preparation, and analysis of an official sample.

Amended by Stats. 2005, Ch. 490, Sec. 26. Effective January 1, 2006.

In any action, civil or criminal, in any court in this state, a laboratory report from the secretary which states the results of any analysis, reported to be made pursuant to this chapter, shall be prima facie evidence of all of the following:

(a)That the sample which is described in the laboratory report was properly analyzed.
(b)That the sample was taken pursuant to this chapter.
(c)That the substances analyzed contained the component parts which are stated in the laboratory report.
(d)That the sample was taken from the lots, parcels, or packages which are described in the laboratory report.