2011 New Mexico Statutes
Chapter 76: Agriculture
Article 11: Fertilizers, 76-11-1 through 76-11-19
Section 76-11-8: Plant food deficiency.

76-11-8. Plant food deficiency.

A. If the analysis shows that any commercial fertilizer falls short of the guaranteed analysis in any one ingredient, penalty shall be assessed in accordance with the following:

(1) total nitrogen: a penalty of three times the value of the deficiency, if the deficiency is in excess of 0.20 of one percent on goods that are guaranteed two percent; 0.25 of one percent on goods that are guaranteed three percent; 0.35 of one percent on goods that are guaranteed four percent; 0.40 of one percent on goods that are guaranteed five percent up to and including eight percent; 0.50 of one percent on goods guaranteed above eight percent up to and including thirty percent; and 0.75 of one percent on goods guaranteed over thirty percent;

(2) available phosphoric acid or available phosphorus: a penalty of three times the value of the deficiency, if the deficiency exceeds 0.40 of one percent of available phosphoric acid (P2O5) on goods that are guaranteed up to and including ten percent; 0.50 of one percent of available phosphoric acid (P2O5) on goods that are guaranteed above ten percent up to and including twenty-five percent; and 0.75 of one percent of available phosphoric acid (P2O5) on goods guaranteed over twenty-five percent. If guarantees are for available phosphorus, the deficiencies shall be calculated for the appropriate percentage of elemental phosphorus;

(3) soluble potash or soluble potassium: a penalty of three times the value of the deficiency, if the deficiency is in excess of 0.20 of one percent of soluble potash (K2O) on goods that are guaranteed two percent; 0.30 of one percent of soluble potash (K2O) on goods that are guaranteed three percent; 0.40 of one percent of soluble potash (K2O) on goods guaranteed four percent; 0.50 of one percent of soluble potash (K2O) on goods guaranteed above four percent up to and including eight percent; 0.60 of one percent of soluble potash (K2O) on goods guaranteed above eight percent up to and including twenty percent; and 1.00 of one percent of soluble potash (K2O) on goods guaranteed over twenty percent. If guarantees are for soluble potassium, the deficiencies shall be calculated for the appropriate percentage of elemental potassium;

(4) deficiencies in any other constituent or constituents shall be evaluated by the department and penalties therefor prescribed by the board.

B. 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 penalties.

C. All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within three months after the date of notice from the department to the registrant, receipts taken therefor and found, and promptly forwarded to the department. If the consumer cannot be found, the amount of the penalty shall be paid to the common school fund.