32Taking of samples

32 Taking of samples

(1)  For the purposes of section 10 of the Act, a sample of a fertilizer is to be taken, if possible, in the presence of the seller of the fertilizer.

(2)  Subject to subregulation (3) , a sample of a solid fertilizer is to be taken from a package of the fertilizer by inserting a tube into the centre of the package and removing a core of the fertilizer.

(3)  If a solid fertilizer is of a consistency which prevents a sample being taken in accordance with subregulation (2)  –

(a) the fertilizer is to be emptied from its package and broken and mixed to form a uniform mixture; and

(b) the sample is to be taken from the uniform mixture.

(4)  In the absence of proof to the contrary, a deficiency in a sample may not be taken to be due to the separation of constituents or ingredients during sampling or a lack of homogeneity in the fertilizer.