Authority: IC 15-16-2-1.5

Affected: IC 15-16-2

Sec. 1. (a) The state chemist may:

1. (1) sample, inspect, make analysis of, and test manure based fertilizers distributed within Indiana; and
2. (2) inspect the storage of manure based fertilizers in Indiana at a time and place and to such an extent as necessary to determine whether the manure based fertilizers and their storage are in compliance with this article.

(b) The state chemist may enter upon any public or private premises during regular business hours in order to have access to:

1. (1) manure based fertilizer materials; and
2. (2) plans and records relating to the transportation, storage, sale, and use of fertilizer materials;

subject to this article and the rules adopted under this article.

(c) The methods of sampling and analysis for manure based fertilizers may be based on sources that include AOAC International. In cases of dispute, AOAC International's methods prevail if AOAC International's methods are available.

(d) The state chemist shall determine for administrative purposes whether a manure based fertilizer is deficient in plant foods using only the official sample obtained and analyzed as provided in subsection (c).

(e) The state chemist may request a court to issue subpoenas to compel:

1. (1) the attendance of witnesses; or
2. (2) the production of books, documents, and records;

as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege granted by a license, certificate, application, registration, or permit issued under this article.

(State Chemist of the State of Indiana; 355 IAC 10-6- 1; filed Mar 17, 2022, 12:13 p.m.: 20220413-IR-355210455FRA)