(1) Where an inspector finds a fertilizer lot being offered for sale contrary to this Part, the inspector shall immediately issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of that fertilizer and hold the fertilizer at a designated place and may affix to the lot or container a warning tag that states the lot is held.

(2) Any lot of fertilizers for which a “stop sale, use or removal” order or notice is issued shall be held by the person having control of the fertilizer and shall not be distributed or moved except under the specific directions of the Regulatory Division pending a final disposition.

(3) Subsection (2) does not prevent a person having control of the fertilizer from inspecting the fertilizer seized, nor from taking from the fertilizer lot in the presence of a person designated by the Division, a representative sample for evidence.

(4) On demand of the person having control of the seized fertilizer, at or prior to the time of the sampling by the inspector, the sample that is taken shall be divided into two approximately equal parts, one part of which shall be sealed and given to the person in control of the product and the other part of which shall be kept for analysis by the inspector.

(5) If the analysis of the seized and held lot, as determined by an analyst, is not in violation of the provisions of this Part or Regulations made under this Part, the inspector shall immediately release the seized and held lot and remove the hold order or tag.

(6) If the seized and held lot is found to be in violation of this Part, the inspector shall

(a) continue to hold the lot until the requirements of this Part have been complied with, after which the lot shall be released; or

(b) issue orders for the disposal of the lot in a manner specified by the Ministry.

(7) A person who has control of seized fertilizer may appeal to the Regulatory Division in writing against the results of the analysis within fifteen days after receiving the results of the analyst.

(8) On receipt of the appeal, the Regulatory Division shall submit another sample of the fertilizer for analysis at one of the Regulatory Division’s designated laboratory chosen by the appellant.

(9) The cost of sampling and analysis shall be borne by the appellant.

(10) The results of the analysis shall be submitted to the Regulatory Division within sixty days after receipt of the sample and the Regulatory Division shall within seventy-two hours notify the appellant of the acceptance or rejection of the appeal.