(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.

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Terms Used In West Virginia Code 19-15A-5

  • Agricultural liming material: means a product that contains calcium and magnesium carbonate, hydroxide or oxide which are capable of neutralizing soil acidity. See West Virginia Code 19-15A-1
  • Commissioner: means the Commissioner of Agriculture of the State of West Virginia or his or her duly authorized agent. See West Virginia Code 19-15A-1
  • Registrant: is a person who registers agricultural liming materials by product and is responsible for the guarantee of the product. See West Virginia Code 19-15A-1
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

(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.