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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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Last modified: May 25, 2011