Tex. Agric. Code Section 63.094
Independent Analysis of Sample


(a)

If the service finds through chemical analysis or other method that a commercial fertilizer is in violation of a provision of this chapter, the service shall notify the manufacturer or other person who caused the fertilizer to be distributed. The notice must be in writing and give full details of the findings of the service.

(b)

After receiving a notice under Subsection (a) of this section, the manufacturer or other person who caused the fertilizer to be distributed may request that the service submit portions of the sample analyzed to other chemists for independent analysis. After receiving a request, the service shall submit two portions of the sample analyzed to two qualified chemists selected by the service. If requested, the service shall also submit one portion of the sample to the person requesting independent analysis. A request under this subsection must be filed with the service before the 16th day following the day on which notice is given.

(c)

Each of the chemists selected by the service under Subsection (b) of this section shall analyze the portion of the sample and certify findings to the service under oath. The findings shall be prepared in duplicate and the service shall forward one copy of each chemist’s findings to the person who requested independent analysis.

(d)

The three chemical analyses obtained under this section may be considered in determining whether a violation of this chapter has occurred.

(e)

Except as provided by this subsection, the person requesting independent analysis under this section shall pay the costs of the analysis. If as a result of the independent analysis the service determines that a violation has not occurred, the service shall pay the costs of the analysis.
Acts 1981, 67th Leg., p. 1147, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 1852, ch. 349, art. 1, Sec. 8, eff. Sept. 1, 1983.

Source: Section 63.094 — Independent Analysis of Sample, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­63.­htm#63.­094 (accessed May 18, 2024).

63.001
Definitions
63.002
Commercial Fertilizer
63.003
Administration
63.004
Rules
63.005
Publications
63.006
Application
63.007
Effect on Other Law
63.021
Grade Statements
63.0025
Certain Analyses Not Guarantee of Nutrient Levels
63.031
Permit and Registration Required
63.032
Application for Registration
63.033
Term of Permit and Registration
63.034
Refusal or Revocation of Permit
63.035
Refusal or Revocation of Registration
63.051
Labeling of Commercial Fertilizer
63.052
Misleading Label
63.053
Labeling of Customer-formula Fertilizer
63.054
General Label Restrictions
63.071
Inspection Fee
63.072
Tonnage Report and Inspection Fee Payment
63.073
Penalty for Late Filing or Payment
63.074
Records
63.075
Disposition and Use of Fees
63.091
Inspection and Sampling
63.092
Procedure for Sampling and Analysis
63.093
Identification of Sample
63.094
Independent Analysis of Sample
63.095
Testing of Samples on Request
63.121
Stop-sale Order
63.122
Condemnation of Fertilizer
63.123
Warnings
63.124
Injunction
63.125
Suit to Recover Fees
63.126
Prosecutions
63.127
Venue for Civil and Criminal Actions
63.128
Appeal of Administrative Order or Ruling
63.141
General Penalty
63.142
Distribution of Misbranded Fertilizer
63.143
Distribution of Adulterated Fertilizer
63.144
Distribution of Commercial Fertilizer Without Registration, Labeling, or Payment of Inspection Fee
63.145
Refusal of Inspection or Sampling
63.146
Refusal to Pay Inspection Fee or Submit Records
63.151
Definitions
63.152
Registration Required
63.153
Security Requirements
63.154
Sale of Ammonium Nitrate
63.155
Maintenance of Records
63.156
Suspension of Registration
63.157
Criminal Penalty
63.158
Fire Prevention at Ammonium Nitrate Storage Facilities

Accessed:
May 18, 2024

§ 63.094’s source at texas​.gov