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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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