80-10-208. Penalties. (1) A penalty of two times the commercial value of the deficiency, as determined by the dealer's or manufacturer's price on the date of sampling of the deficiency or deficiencies, shall be assessed:
     (a) if the analysis shows that a commercial fertilizer is deficient in one or more of its guaranteed primary plant foods (NPK) beyond the investigational allowance as established by regulation; or
     (b) if the overall index value of the fertilizer is below the level established by regulation.
     (2) When a commercial fertilizer is subject to a penalty under both subsections (1)(a) and (1)(b), the larger penalty applies.
     (3) Deficiencies beyond the investigational allowances as established by regulation in any other constituent covered under subsections (1)(b),(1)(c), and (1)(d) of 80-10-102 which the registrant is required to or may guarantee shall be evaluated, and penalties shall be assessed at two times the commercial value of the deficiency as determined by the dealer's retail price on the date of sampling.
     (4) Nothing contained in this section shall prevent any person from appealing the department's decision to a court of competent jurisdiction.
     (5) All penalties assessed under this section shall be paid to the consumer of the lot, not to exceed 100 tons, of commercial fertilizer represented by the sample analyzed within 3 months after the date of notice from the department to the registrant or licensee. If at the end of the 3-month period the consumer cannot be found, receipts shall be taken and promptly forwarded to the department for deposit in the state special revenue fund as provided in 80-10-207.

     History: En. 3-1726.1 by Sec. 13, Ch. 279, L. 1975; R.C.M. 1947, 3-1726.1; amd. Sec. 1, Ch. 277, L. 1983.