§ 106-665. Plant food deficiency.
§ 106‑665. Plant fooddeficiency.
(a) The Commissioner,in determining for administrative purposes, whether any commercial fertilizeris deficient in plant food, shall be guided solely by the official sample asdefined in subdivision (15) of G.S. 106‑657, and as provided for insubsections (b), (c), and (d) of G.S. 106‑662.
(b) If the analysisshall show that any commercial fertilizer falls short of the guaranteedanalysis in any ingredient, a penalty shall be assessed in accordance with thefollowing provisions:
(1) For total nitrogen,available phosphate, or available potash: A penalty of three times the value ofthe deficiency if the deficiency is in excess of the following investigationalallowances.
Soluble
Guarantee Total Available Potash
Percentage Nitrogen Phosphate Percentage
4 orless 0.49 0.67 0.41
5 0.51 0.67 0.43
6 0.52 0.67 0.47
7 0.54 0.68 0.53
8 0.55 0.68 0.60
9 0.57 0.68 0.65
10 0.58 0.69 0.70
12 0.61 0.69 0.79
14 0.63 0.70 0.87
16 0.67 0.70 0.94
18 0.70 0.71 1.01
20 0.73 0.72 1.08
22 0.75 0.72 1.15
24 0.78 0.73 1.21
26 0.81 0.73 1.27
28 0.83 0.74 1.33
30 0.86 0.75 1.39
32 ormore 0.88 0.76 1.44
Providedthat when the found relative value of a sample is equal to or exceeds theguaranteed relative value, an overage in primary nutrients may compensate for adeficiency in another primary nutrient up to 10% of the guarantee of thedeficient nutrient, not to exceed two units. No compensation shall be allowedtoward a deficiency if the overage does not compensate for the entire amount ofthe deficiency or if the deficiency exceeds 10% of the guarantee or thedeficiency exceeds two units. If more than one primary nutrient is in penaltystatus, no compensation shall be allowed.
(2) Should the basicityor acidity as equivalent of calcium carbonate of any sample of fertilizer befound upon analysis to differ more than five percent (5%) (or 100 pounds ofcalcium carbonate equivalent per ton) from the guarantee, a penalty of fiftycents (50¢) per ton for each 50 pounds calcium carbonate equivalent, or fractionthereof in excess of the 100 pounds allowed, shall be assessed and paid as isprescribed in subsection (c) of this section.
(3) Chlorine: If thechlorine content of any lot of fertilizer branded for tobacco shall exceed themaximum amount guaranteed by more than 0.5 of one percent, a penalty shall beassessed equal to ten percent (10%) of the value of the fertilizer for eachadditional 0.5 of one percent of excess or fraction thereof.
(4) Water insolublenitrogen: A penalty of three times the value of the deficiency shall beassessed, if such deficiency is in excess of 0.15 of one percent on goodsguaranteed up to and including five‑tenths percent; 0.20 of one percenton goods guaranteed from five‑tenths percent to one percent; 0.30 of onepercent on goods guaranteed from one percent to two percent; 0.50 of onepercent on goods guaranteed above two percent and up to and including fivepercent; and 1.00 percent on goods guaranteed over five percent.
(5) Nitrate nitrogen: Apenalty of three times the value of the deficiency shall be assessed if thedeficiency shall exceed 0.20 of one percent for goods guaranteed up to andincluding five‑tenths percent; 0.25 of one percent for goods guaranteedfrom five‑tenths to one percent; 0.30 of one percent for goods guaranteedfrom one to two percent; and 0.35 of one percent for goods guaranteed above twopercent up to four percent. Tolerances for goods guaranteed above four percentshall be the same as for total nitrogen.
(6) Total magnesium: Ifthe magnesium content is as much as 0.2 unit plus 5 percent of the guaranteebelow the minimum amount guaranteed, a penalty of one dollar ($1.00) per tonshall be assessed for each 0.15 of one percent additional deficiency orfraction thereof.
(7) Total calcium: Ifthe calcium content is as much as 0.2 unit plus 5 percent of the guaranteebelow the minimum amount guaranteed, a penalty of one dollar ($1.00) per tonshall be assessed for each 0.35 of one percent additional deficiency orfraction thereof.
(8) Sulfur: If thesulfur content is as much as 0.2 unit plus 5 percent of the guarantee below theminimum amount guaranteed in the case of all mixed fertilizers, including mixedfertilizers branded for tobacco, a penalty of one dollar ($1.00) per ton foreach 0.50 of one percent additional excess or fraction thereof, shall beassessed.
(9) Deficiencies orexcesses in any other constituent or constituents covered under subdivisions(6) and (7), subsection (a), G.S. 106‑660 which the registrant isrequired to or may guarantee shall be evaluated by the Commissioner andpenalties therefor shall be prescribed by the Commissioner in fertilizerregulations.
(10) For micro‑nutrientsas are not specifically covered in this Article, a tolerance of twenty‑fivepercent (25%) of the guarantee will be allowed for each element, not to exceed1/2 unit (.5%) on guarantees up to 15 units or percent and not to exceed oneunit (1%) on guarantees above 15 units or percent.
(c) All penaltiesassessed under this section shall be paid to the consumer of the lot offertilizer represented by the sample analyzed within three months from the dateof notice by the Commissioner to the distributor, receipts taken therefor, andpromptly forwarded to the Commissioner; provided, that in no case shall thetotal assessed penalties exceed the commercial value of the goods to which itapplies. If said consumer cannot be found, the clear proceeds of the penaltyassessed shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2. Such sums as shall be found to bepayable to consumers on lots of fertilizer against which said penalties wereassessed shall not be subject to claim by the consumer after 12 months from thedate of assessment. (1947, c. 1086, s. 8; 1955, c. 354, s. 4; 1977, c. 303, s. 11; 1983,c. 146, s. 5; 1993, c. 216, s. 6; 1997‑261, s. 109; 1998‑215, s.21.)