Sec. 42. 7 MRSA §745 is amended to read:

§745. Inspection, sampling and analysis

It shall be the duty of the The commissioner to shall inspect and sample for analysis in accordance with section 485 490 commercial fertilizers distributed within this State at such time and place to such an to the extent as he may deem the commissioner deems necessary to determine whether such commercial fertilizers are in compliance with this subchapter. The commissioner is authorized to enter upon any public or private premises during regular business hours in order to have access to commercial fertilizers, subject to this subchapter and the rules and regulations pertaining thereto adopted pursuant to section 748.

The methods of sampling, sample preparation and analysis shall be are those adopted from sources such as the Journal of the Association of Official Agricultural Chemists. The commissioner, in determining for administrative purposes whether a commercial fertilizer is deficient in any component, shall be is guided solely by the official sample as defined and obtained and analyzed as provided for in this section.

When the inspection and analysis of an official sample indicate a commercial fertilizer has been adulterated or misbranded, the results of analysis shall be forwarded by the commissioner shall forward the results of the analysis to the distributor or manufacturer. Upon request within 30 days, the commissioner shall furnish to the registrant a portion of the sample concerned.

Sec. 43. 7 MRSA §1007-A, sub-§6, as enacted by PL 1997, c. 538, §1, is amended to read:

6. Civil penalties. Any person who violates any of the requirements of this section or any rules adopted under this section commits a civil violation for which a forfeiture fine of not more than $1,000 for each violation, together with not more than $200 $1,000 for each succeeding day of a continuing violation, may be adjudged.

Sec. 44. 10 MRSA §1661-B, sub-§3, as enacted by PL 2003, c. 452, Pt. E, §4 and affected by Pt. X, §2, is amended to read: