Current through Register Vol. XLI, No. 42, October 18, 2024
Section 61-6-11 - Deficiency Penalties11.1. Penalty for nitrogen, available phosphate and soluble potash. -- If the analysis shows that a fertilizer is deficient in one or more of its guaranteed primary plant nutrients (N-P-K) beyond the "investigational allowances" as established by this rule, or if the overall index value of the fertilizer is below the level established by rule, the Commissioner shall assess a penalty of three times the commercial value of the deficiency.11.2. Penalty for soil amendment. If the analysis shows that any soil amendment falls short of the guaranteed analysis in any one soil amending ingredient or in total soil amending ingredients, the Commissioner shall assess a penalty. A penalty of three times the value of the total soil amending ingredient deficiency shall be assessed when the total deficiency is more than 2% under the calculated total soil amending ingredient guarantee.11.3. Penalty for secondary and minor elements. If the analysis shows that any secondary and minor element falls short of the guaranteed analysis in one or more secondary and minor elements, the Commissioner shall assess a penalty. A penalty of three times the value of the total secondary and minor element deficiency shall be assessed when the total deficiency exceeds investigational allowances as established by this rule.11.4. Penalty for excessive chlorine in tobacco fertilizers. If the analysis shows chlorine exceeds the guaranteed analysis, the Commissioner shall assess a penalty of three times the value of the chlorine excess when the excess exceeds investigational allowances as established by this rule.