S. Clark Jenkins and Mary P. Jenkins - Page 16

          payments pursuant to N.C. Gen. Stat. sec. 166-665 be made to the            
          consumer.  The legislature likely anticipated that the payments             
          pursuant to N.C. Gen. Stat. sec. 166-665 would provide the                  
          consumer a modicum of relief in circumstances where the amounts             
          involved would not justify the cost of a civil action for                   
               Respondent attempted to discredit Stevens using the                    
          fertilizer inspectors manual (inspectors manual) published by the           
          Association of American Plant Food Control Officials (AAPFCO).              
          North Carolina and Virginia are members of AAPFCO.  Stevens                 
          edited the inspectors manual, and he authored a large portion of            
          it.  The inspectors manual instructs inspectors to treat the                
          official fertilizer samples as evidence in a crime.  Respondent             
          seems to argue that since the inspectors are told to treat the              
          fertilizer samples as evidence in a crime, then the fertilizer              
          inspectors must be investigating a crime.  Respondent reasons               
          that the payments at issue are punishment for a criminal act.               
          Respondent overlooks the several categories of conduct dealt with           
          in the fertilizer laws.  Some acts are punishable as                        
          misdemeanors.  See N.C. Gen. Stat. sec. 106-668.  Thus,                     
          instructing the fertilizer inspectors to treat every sample as              
          evidence in a crime seems logical since, at the time the sample             
          is taken, the inspector is unaware of which, if any, provision of           
          the fertilizer law has been violated.                                       

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