§ 3.1-106.13. (Repealed effective October 1, 2008) Plant food deficiency
A. The Commissioner or his agent shall calculate assessments for a deficiency of (i) nitrogen (N), (ii) available phosphate (P205), or (iii) soluble potash (K20). If the analysis shows that the fertilizer is deficient (i) in one or more of the guaranteed primary plant nutrients, beyond the investigational allowances and compensations, as established by regulation, or (ii) in that the overall index value of the fertilizer is below the level established by regulation, then an assessment for variance from guarantee of two times the value of such deficiency or deficiencies, not to exceed five thousand dollars per occurrence, shall be paid to the consumer by the guarantor. When the fertilizer is subject to an assessment under both clauses (i) and (ii) of this subsection, the Commissioner or his agent shall calculate assessments under both such clauses and the guarantor shall pay to the consumer the larger of the two assessments.
B. If, upon evidence satisfactory to the Commissioner or his agent, a person is found to have (i) altered the content of any fertilizer shipped to him by a registrant or licensee, as the case may be, or (ii) mixed, or commingled, fertilizer from two or more suppliers, such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then the person who has altered, mixed or commingled shall become responsible for obtaining a registration or a license, as the case may be; shall be held liable for all assessments; and shall be subject to other provisions of this chapter, including, by way of example, but not by way of limitation, seizure, condemnation, and stop sale.
C. A deficiency in an official sample of mixed fertilizer, resulting from nonuniformity, is not distinguishable from a deficiency due to actual plant nutrient shortage, and any deficiency due to nonuniformity shall be subject to the provisions of this chapter.
(1994, c. 740.)
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