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 Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 63.094’s source at texas​.gov