Sec. 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.