W. Va. Code R. § 61-6-12

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-6-12 - Commercial Value
12.1. For the purpose of determining the commercial values to be applied under the provisions of this section of this rule, the commissioner shall determine and publish annually the values per unit of nitrogen, available phosphate and soluble potash in fertilizers in this state.
12.2. The value per pound of nitrogen, available phosphate and soluble potash for specialty fertilizers shall be based upon the retail price of the fertilizer. The relative value of nitrogen, phosphoric acid and potash shall be in the following ratio:

Nitrogen (water soluble)

2

Nitrogen (water insoluble)

6

Phosphoric Acid

1

Potash

1

12.3. The commissioner shall determine from the registrant's sales invoice the values charged for the soil amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information the commissioner may use other methods to determine values. The determined and published value shall be used in determining and assessing penalty payments.
12.4. When a manufacturer wishes to return to his or her plant a lot of regulated product which has been found deficient, the manufacturer shall, within thirty (30) days of the notice of deficiency, give written notice to the Commissioner to that effect, and shall furnish the Commissioner with reasonable evidence that the regulated product was returned to the plant.

W. Va. Code R. § 61-6-12