3-276. Deficiencies in guaranteed analysis; penalties payable to consumer A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than the investigational allowance of the guaranteed total percentage of the constituent, the statement of the licensee, distributor or other person, as required by this article, is not false within the meaning of this article. When the deficiency exceeds the investigational allowance, the purchaser shall be entitled to a refund based on the percentage of the deficiency. B. If the analysis of any commercial fertilizer shows a deficiency in the guaranteed analysis in any one primary plant nutrient, a penalty shall be assessed in accordance with the following provisions: 1. Total nitrogen: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances. 2. Available phosphate: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances. 3. Soluble potash: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances. C. The director shall establish by rule investigational allowances for plant nutrients. D. Nothing contained in this article shall prohibit any person from appealing according to law. E. All penalties assessed under this section shall be paid to the consumer of the lot of fertilizer material represented by the sample analyzed within three months after the date of notice from the department to the licensee or other responsible person and receipts taken therefor and promptly forwarded to the department. If the consumer cannot be found, the amount of the penalty shall be paid to the department. The director shall deposit, pursuant to sections 35-146 and 35-147, the penalty receipts in the state general fund.
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