7 with the State treasurer as custodian for the department of agriculture fund. The sums that have been deposited with the State treasurer payable to the consumer shall not be subject to claim by the consumer after 12 months from the date of assessment. The "investigational allowance" allows for variations in fertilizer sampling, handling, and laboratory analysis. If a deficiency exceeds the investigational allowance, then the penalty is assessed on the entire deficiency. The intent of the statute is to reimburse the consumer for the cost of the deficient fertilizer ingredient, which the farmer paid for but never received, and the lower crop production that results from the deficiency in the fertilizer. Thus, under N.C. Gen. Stat. sec. 106-665, if a fertilizer is deficient in one or more fertilizer ingredients from the amount requested by, and guaranteed to, the customer/farmer, then a penalty is imposed on the manufacturer. The penalty under N.C. Gen. Stat. sec. 106-665 is calculated on the amount and relative value of the deficient product. For example, for 25 tons (2,000 pounds per ton) of 10-10-10 fertilizer (10 percent nitrogen, 10 percent potash, and 10 percent phosphate) which contains only 8 percent nitrogen, the penalty is calculated as follows: the fertilizer is guaranteed to contain 200 pounds of nitrogen per ton (i.e., 2,000 pounds x 10 percent), but it contains only 160 pounds of nitrogen (i.e., 2,000 pounds x 8 percent). As aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011