State Codes and Statutes
Statutes > Connecticut > Title22 > Chap427a > Sec22-111fSec. 22-111f. Inspections, analyses, tests and penalties. (a) For the purpose of the enforcement of the provisions of this chapter, the commissioner or his authorized agent, upon presenting appropriate credentials, is authorized (1) to enter, during normal business hours, any factory, warehouse or establishment within the state in which commercial fertilizers are manufactured, processed, packed or held for distribution, or to enter any vehicle being used to transport or hold such fertilizers, and (2) to inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein.
(b) The commissioner, who may act through his authorized agent, shall sample and inspect commercial fertilizers distributed within this state at such times and places and to such extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter. The commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this chapter and the rules and regulations pertaining thereto. The director or his agent shall analyze samples designated official by the commissioner.
(c) The methods of analysis and sampling shall be those adopted by the director and commissioner from recognized authorities such as the Journal of the Association of Official Analytical Chemists.
(d) The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample obtained and analyzed as provided for in this section.
(e) The results of official analysis shall be forwarded by the director to the commissioner, registrant and distributor. Upon request the director shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.
(f) If the analysis provided for in this section shows that any commercial fertilizer falls short of the guaranteed analysis in any one or more ingredients, a penalty shall be assessed in accordance with the following provisions: (1) For less than the minimum of total nitrogen, available phosphoric acid, soluble potash, three times the value of the deficiency of any one or more of said ingredients should such deficiency exceed the official investigational allowances as provided in regulations adopted by the commissioner and (2) for less than the minimum in any other constituent covered under subdivision (1) of subsection (e) of section 22-111b, which the registrant is required to or may guarantee, three times the value of the deficiency of such constituent should such deficiency exceed the official investigational allowance as provided in regulations adopted by the commissioner.
(g) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within three months after the date of notice from the commissioner to the registrant. Receipts shall be taken therefor and promptly forwarded to the commissioner. If such consumers cannot be found, the amount of the penalty shall be paid to the commissioner who shall remit the money to the State Treasurer for deposit in the General Fund. The provisions of this section shall apply only to purchases of one ton or more of fertilizer.
(h) For the purpose of determining the commercial value of any commercial fertilizer to be applied under the provisions of this section the commissioner shall determine and publish annually the values per unit of nitrogen, available phosphoric acid and soluble potash in commercial fertilizers in this state. If guarantees are as provided in subdivision (2) of subsection (e) of section 22-111b, the value shall be per unit of nitrogen, phosphorus and potassium. The values so determined and published shall be used in determining and assessing penalties.
(February, 1965, P.A. 198, S. 6; 1969, P.A. 95, S. 2; P.A. 73-278, S. 4, 21; P.A. 76-103; P.A. 79-631, S. 32, 111.)
History: 1969 act replaced "Associated Official Agricultural Chemists Journal" with "Journal of the Association of Official Analytical Chemists" in Subsec. (b); P.A. 73-278 inserted new Subsec. (a) re commissioner's inspection powers, relettering former Subsecs. (a) to (d) accordingly, replaced "director", i.e. director of Agricultural Experiment Station with "commissioner", i.e. commissioner of agriculture where appearing but retained revised provision re director's powers to analyze fertilizers by specifying that samples be designated as official by commissioner and restated provisions in Subsec. (e), formerly (d), deleting provision clarifying when report becomes official; P.A. 76-103 added Subsecs. (f) to (h) re penalties; P.A. 79-631 substituted "fertilizers" for "feeds" in Subsec. (a)(1).
