(a) To determine the commercial value to be applied in subsection (b) of this section, the Secretary shall determine and publish annually the values per pound of nitrogen, available phosphate, soluble potash and other plant nutrients in commercial fertilizers in the State as determined by the Secretary. (b) If an official analysis of a lot shows that a commercial fertilizer is deficient in a guaranteed primary plant nutrient, that is nitrogen, available phosphate, and soluble potash, beyond the investigational allowance as established by rule or regulation, the Secretary shall assess against the registrant a penalty of three times the commercial value of the deficiency in the lot analyzed if the deficiency is confirmed in a hearing before him. (c) The Secretary shall evaluate other deficiencies or excesses beyond the investigational allowance established by rule or regulation in any other constituent covered under § 6-201(l) of this subtitle which the registrant is required to or may guarantee, and he shall prescribe the penalty for any deficiency or excess.
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