3.2-3615 - Plant food deficiency.
§ 3.2-3615. Plant food deficiency.
A. The Commissioner shall calculate assessments for a deficiency of: (i)total nitrogen (N); (ii) available phosphate (P205); or (iii) soluble potash(K20). If the analysis shows that the fertilizer is deficient: (a) in one ormore of the guaranteed primary plant nutrients, beyond the investigationalallowances and compensations, as established by regulation; or (b) that theoverall index value of the fertilizer is below the level established byregulation, then an assessment for variance from guarantee of two times thevalue of such deficiency, not to exceed $5,000 per occurrence, shall be paidto the consumer by the guarantor. When the fertilizer is subject to anassessment under both clauses (a) and (b), the Commissioner shall calculateassessments under both such clauses and the guarantor shall pay to theconsumer the larger of the two assessments.
B. If, upon evidence satisfactory to the Commissioner, a person is found tohave: (i) altered the content of any fertilizer shipped to him by aregistrant or licensee; or (ii) mixed, or commingled, fertilizer from two ormore suppliers, such that the result of either alteration changes theanalysis of the fertilizer as originally guaranteed, then the person who hasaltered, mixed or commingled shall: (a) obtain a registration or a license;(b) be held liable for all assessments; and (c) be subject to otherprovisions of this chapter including seizure, condemnation, and stop sale.
C. A deficiency in an official sample of mixed fertilizer, resulting fromnonuniformity, is not distinguishable from a deficiency due to actual plantnutrient shortage, and any deficiency due to nonuniformity shall be subjectto the provisions of this chapter.
(1994, c. 740, § 3.1-106.13; 2008, c. 860.)