§ 2-7-8 - Plant food deficiency.
SECTION 2-7-8
§ 2-7-8 Plant food deficiency. – (a) Penalty for nitrogen, available phosphoric acid or phosphorus and potashor potassium. If the analysis shows that a commercial fertilizer isdeficient:
(1) In one or more of its guaranteed primary plant foods(NPK) beyond the "investigational allowances" as established by regulation; or
(2) If the overall index value of the fertilizer is below thelevel established by regulations, a penalty of three (3) times the commercialvalue of the deficiency or deficiencies shall be assessed
When a commercial fertilizer is subject to a penalty underboth subdivisions (1) and (2), the larger penalty shall apply.
(b) Penalty for other deficiencies. Deficienciesbeyond the investigational allowances as established by regulation in any otherconstituent(s) covered under § 2-7-3(7)(i)(B), (C) and (D), which theregistrant is required to or may guarantee, shall be evaluated and penaltiesprescribed for these deficiencies by the director.
(c) Nothing contained in this section shall prevent anyperson from appealing to a court of competent jurisdiction praying for judgmentas to the justification of any penalties assessed under this section.
(d) All penalties assessed under this section shall be paidto the consumer of the lot of commercial fertilizer, one ton minimum,represented by the sample analyzed within three (3) months after the date ofnotice from the director to the registrant, receipts taken for the penaltiesassessed and promptly forwarded to the consumer. If the consumers cannot befound, or the consumer was in possession of less than one ton of commercialfertilizer represented by the sample analyzed, the amount of penalty shall bedeposited into the fertilizer quality testing fund.