Section 355 IAC 10-6-3 - Noncompliance with analysis; order for refund to purchaser; appealAuthority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 3.
(a) If an analysis conducted under this rule shows that a manure based fertilizer fails in any respect to meet the guaranteed analysis filed by a registrant under 355 IAC 10-3, the state chemist may require the payment of a refund to the purchaser equal to the difference between:(1) the price the purchaser paid for the manure based fertilizer; and(2) the current value of the manure based fertilizer after the state chemist's analysis.(b) The registrant must forward receipts for payment of refunds required under subsection (a) promptly to the state chemist. If the purchaser cannot be found, the registrant shall pay the refund to a local charitable or educational organization of the registrant's choice and forward the receipts promptly to the state chemist.(c) This section does not prevent the appeal of the imposition of any penalty assessed by the state chemist under this article to a court with jurisdiction. State Chemist of the State of Indiana; 355 IAC 10-6-3; filed 3/17/2022, 12:13 p.m.: 20220413-IR-355210455FRA