2005 West Virginia Code - §19-15A-7. — Deficiency assessment, tolerances and payment.

§19-15A-7. Deficiency assessment, tolerances and payment.

(a) A registrant shall pay a deficiency assessment in accordance with the provisions of this section for each lot of agricultural liming material found to be deficient in its guaranteed analysis. Deficiencies existing in more than one component shall be considered additional violations.
(b) When the calcium carbonate equivalent is found to be over five percent deficient from the stated guarantee, the registrant shall pay a deficiency assessment equal to two times the actual cash value of the deficiency based on the retail price per ton at the distribution point where the official sample was collected. The cash value of the deficiency is calculated by multiplying the actual percent deficiency, less the five percent taken, times the retail price per ton, times the tons in the lot sampled. The minimum assessed penalty shall be fifty cents per ton in the lot sampled.
(c) When the product is found to be over five percent deficient in one or more of the guarantees for fineness classification, a penalty shall be assessed at one dollar per ton in the lot sampled.
(d) When the product is found to be over ten percent deficient for one or more of the following guarantees: Calcium oxide, magnesium oxide, calcium carbonate, magnesium carbonate, total elemental calcium or total elemental magnesium, a penalty shall be assessed at one dollar per ton in the lot sampled.
(e) Such deficiency assessment shall be paid to the ultimate consumer of the product, with receipts for the payment thereof being delivered to the commissioner as evidence of payment being made. If said ultimate consumer is not known, the penalty assessed shall be paid to the commissioner and deposited as set forth in section nine of this article.
(f) If any deficiency assessment has not been paid within sixty days of the notice of such assessment, then a late payment penalty of ten percent of the original penalty assessment will be added for each one hundred eighty days such assessment remains unpaid.