S. Clark Jenkins and Mary P. Jenkins - Page 8

          result, there is a deficiency of 40 pounds per ton (200 pounds              
          minus 160 pounds).  Assuming the relative value of nitrogen is 28           
          cents per pound, the penalty will equal 40 pounds x 28 cents x              
          3 = $33.60 per ton x 25 tons = $840.  The fertilizer commissioner           
          determines and publishes annually the values per pound of each of           
          the primary ingredients of fertilizer.                                      
               Fertilizer inspectors from the departments of agriculture of           
          North Carolina and Virginia typically visit a fertilizer                    
          manufacturer unannounced to obtain samples of fertilizer for                
          testing.  Once on the site, they randomly collect official                  
          samples of fertilizer.  The inspectors collect samples of the end           
          product only; i.e., the mixed fertilizer; they do not take                  
          samples of the separate ingredients of the mixed fertilizer.  The           
          inspectors place the samples in containers that are marked and              
          registered, and they maintain a chain of evidence with all                  
          official samples.  The official samples are taken to a testing              
          facility, where they are tested for conformity with the                     
          percentages guaranteed by the fertilizer manufacturer.  The                 
          testing facility reports the test results to the fertilizer                 
          administrator, and copies of the results are sent to the                    
          fertilizer manufacturer.  The fertilizer manufacturer is allowed            
          2 weeks to comment on the test results.  If a deficiency exists             
          that gives rise to a penalty, then an assessment letter is mailed           
          to the manufacturer at the end of 2 weeks.  The assessment letter           
          contains the amount of the penalty imposed for a violation.  If             

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