US Laws, Codes, Statutes & Cases

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 6
                            COMMERCIAL FERTILIZERS
    22-611.  PENALTIES. (1) If the analysis shows that any fertilizer deviates
from the guaranteed analysis in any plant nutrient, micronutrient, or in total
nutrients, a penalty shall be assessed in favor of the department at the rate
of three (3) times the value of the deficiency or twenty-five dollars
($25.00), whichever is greater, when the deviation exceeds the tolerances
established by rules promulgated under this chapter. Provided, that penalties
for any specialty fertilizer that deviates from the guaranteed analysis in any
plant nutrient, micronutrient, or in total nutrients shall be determined as
authorized under section 22-619, Idaho Code, and rules promulgated pursuant to
this chapter.
    (2)  All penalties assessed under this section or any rule hereunder on
any one (1) fertilizer, represented by the sample analyzed, shall be paid to
the department within three (3) months after the date of notice from the
department to the registrant. The department shall deposit the amount of the
penalty into the "commercial feed and fertilizer fund."
    (3)  Nothing contained in this section or any rule hereunder shall prevent
any person from appealing to a court of competent jurisdiction for a judgment
as to the justification of such penalties imposed under subsections (1) and
(2) of this section.
    (4)  Penalties payable as provided for in subsections (1) and (2) of this
section or any rule hereunder shall in no manner be construed as limiting the
consumer's right to bring a civil action in damage against the registrant
paying the penalties.
    (5)  Penalties for short weights, both packaged and bulk, shall be
assessed at the rate of three (3) times the invoiced value if the deficiency
exceeds the tolerances established by rule.