Rule 40-11-8-.02. Examination of Samples

Methods for examination of samples shall be those prescribed by the Commissioner. Content of active ingredients on all pesticides should be at a level of guarantee. However, determination of compliance based on assay of a single sample shall be made as follows:

1. (a) A single sample whose assay deviates below the stated guarantee shall be considered in compliance except as noted in (b) below if its active ingredients are found to be within the following ranges:

   Active Ingredient Allowable Deviation Up to 1.00% 15% of Guarantee 1.01% - 19.99% 0.1 plus 5% of Guarantee 20.00% - 49.99% 0.5 plus 3% of Guarantee 50.00% - 100.00% 1.0 plus 2% of Guarantee

2. (b) A single sample whose assay deviates below the stated guarantee beyond the above limits may not be considered "deficient" if special sampling problems such as those associated with fertilizer-pesticide mixtures and granular formulations or if problems associated with accuracy, specificity or reproducibility of the method of analysis can reasonably be expected to have contributed to the lower assay.

3. (c) A single sample whose assay ranges above the stated guarantee shall be judged individually. However, an assay ranging above the stated guarantee shall not be considered violative if:

   1. 1. No illegal residue can be expected to result when product is used according to label directions.
   2. 2. No significant increase in hazard to man or the environment can be expected to result when product is used according to label directions.
   3. 3. Stability of the formulation or ingredients thereof require overformulation to insure that assay over a period stated on the label shall not fall below the minimum provided in (a) above.

Authority: O.C.G.A. Sec. 2-2-9et seq.

History. Original Rule entitled "Examination of Samples" adopted. F. July 14, 2004; eff. August 3, 2004.