§ 2-19-305 - Penalty for deficiency from guaranteed analysis.
               	 		
2-19-305.    Penalty for deficiency from guaranteed analysis.
    (a)  If  any liming material offered for sale in this state shall, upon official  analysis, prove deficient from its statement of guarantee to the extent  of five percent (5%) or more, then the manufacturer, importer, or  guarantor of the liming material shall be liable for two (2) times the  value of the actual deficiency as shown by the official analysis.
(b)    (1)  Penalties  assessed under this section, except those exceeding the actual value of  the shortages found, shall be paid to the consumer of the lot of  deficient liming material within thirty (30) days after the date of  notice from the State Plant Board to the manufacturer, importer, or  guarantor, receipts to be taken and promptly forwarded to the board.
      (2)  The  value of the deficiencies exceeding the actual shortages and the actual  value of the shortages when the consumer cannot be found shall be paid  to the board within forty-five (45) days after the date of notice from  the board to the manufacturer, importer, or guarantor and shall be  deposited in the Plant Board Fund of the State Treasury.
(c)  The  board is authorized to cancel the present registration or to refuse to  register for the next season any liming materials offered for sale or  distribution by any manufacturer, importer, or guarantor who fails or  refuses to comply with this section.