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250.396 Penalty for fertilizer deficiency.
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If the analysis shall show that a fertilizer is deficient in one (1) or more of its
guaranteed primary plant nutrients beyond the investigational allowances as
established by regulation, or if the overall index value of the fertilizer is below
the level established by administrative regulation, a penalty payment shall be
assessed. The penalty shall not exceed three (3) times the monetary value of
the deficiency or the retail value of the lot of fertilizer, whichever is less, with
the penalty assessment being adjusted for the magnitude of the deficiency and
the value of any overages of guaranteed nutrients as established by regulation.
Deficiencies beyond the investigational allowances as established by
regulation in constituents other than total nitrogen (N), available phosphate
(P205), or soluble potash (K20), which the registrant or licensee is required to
or may guarantee, shall be evaluated and penalty payments assessed and
paid as established by administrative regulation.
If, upon satisfactory evidence, a person is shown to have altered the content of
a fertilizer shipped to him by a registrant or to have mixed or commingled
fertilizer from two (2) or more suppliers so that the result of either alteration
changes the analysis of the fertilizer as originally guaranteed, that person shall
become responsible for obtaining a registration and shall be held liable for all
penalty payments and be subject to other provisions of KRS 250.361 to
250.451, including seizure, condemnation, and stop sale.
Nothing contained in this section shall prevent any person from appealing to a
court of competent jurisdiction praying for judgment as to the justification of the
penalty payments.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 331, sec. 7, effective July 15, 1994. -Created 1984 Ky. Acts ch. 191, sec. 8, effective July 13, 1984.
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