§ 372 - Plant food variations
§ 372. Plant food variations
(a) The secretary may assess a penalty upon finding that a fertilizer does not conform to its guarantee for nitrogen, available phosphoric acid or phosphorus, and soluble potash or potassium content. A fertilizer shall be deemed out-of-conformance if the guarantee for the nitrogen, available phosphoric acid or phosphorus, or soluble potash or potassium exceeds the American Association of Plant Food Control Officials established permitted analytical variance at an established confidence level of 97-1/2 percent.
(b) A penalty of two times the value of the deficiencies shall be assessed pursuant to procedures established by rule and shall be paid to the consumer.
(c) Each registrant shall be offered an opportunity for a hearing before the secretary. Penalty payments shall be made within 30 days after notice of the secretary's decision to assess a penalty. Proof of payment to the consumer shall be promptly forwarded to the secretary by the registrant.
(d) If the consumer cannot be found, the amount of the penalty payments shall be paid to the secretary who shall deposit the payment into the revolving account established by subsection 364(e) of this title.
(e) Fertilizer that has been purchased from a registrant or distributor and is altered so that the fertilizer's analysis is different from that originally guaranteed shall be considered a new product. Before this new product can be distributed to the consumer it must be registered in the proper manner. If a product is not registered, the manufacturer of the product shall be considered liable for purposes of enforcing the provisions of this chapter.
(f) This section is not an exclusive cause of action and persons affected may utilize any other right of action available under the law. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 1989, No. 285 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003.)