6
Code Ann. sec. 3.1 (Michie 1994), is substantially the same as
the North Carolina fertilizer law for purposes of this case.
In 1990 and 1991, WSC paid $43,809 and $44,876,
respectively, to the North Carolina Department of Agriculture
pursuant to the assessment of penalties for violation of N.C.
Gen. Stat. sec. 106-665. In 1991, WSC paid $2,057 to the
Virginia Department of Agriculture pursuant to the assessment of
penalties for violation of an analogous provision of the Virginia
fertilizer law.
The relevant portions of N.C. Gen. Stat. sec. 106-665 may be
summarized as follows:
(a) When making an administrative determination as to
whether a fertilizer is deficient in plant food, the commissioner
of agriculture (commissioner) shall be guided solely by the
official sample taken by an authorized agent and in the manner
prescribed by statute;
(b) if the analysis shows that any commercial fertilizer
falls short of the guaranteed nitrogen, phosphate, or potash,
then a penalty of three times the value of the deficiency shall
be assessed if the deficiency exceeds the investigational
allowance; and
(c) all penalties assessed under N.C. Gen. Stat. sec. 106-
665 shall be paid to the consumer of the lot of fertilizer; if
the consumer cannot be found, the amount of the penalty assessed
shall be paid to the commissioner, who shall deposit the same
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