Section 2-19-206 - Penalty for deficiency from guaranteed analysis(a)(1) If any commercial fertilizer or fertilizer material offered for sale in this state shall, upon official analysis, prove deficient from its guarantee as stated on the bag or other container, to the extent of three percent (3%) and not over five percent (5%), then the manufacturer of the commercial fertilizer or fertilizer materials or his or her agent shall be liable for the actual deficiency as shown by the official analysis.(2) If the deficiency is over five percent (5%), then the penalty will be three (3) times the amount of the total deficiency as found by the official analysis.(3) The penalty shall apply only to the shipment sampled.(4) In its rules, the State Plant Board may set up penalties for any guaranteed constituents found deficient beyond a reasonable tolerance.(b)(1) Penalties assessed under this section and under such rules as may be enacted under it, except those exceeding the actual value of the shortages found, shall be paid to the consumer of the lot of deficient fertilizer within thirty (30) days after the date of notice from the Department of Agriculture to the manufacturer or agent, receipts to be taken and promptly forwarded to the department.(2) The value of the deficiencies, if any, exceeding the actual shortages, and the actual value of the shortages when the consumer cannot be found, shall be paid to the department within forty-five (45) days after the date of notice from the department to the manufacturer or his or her agent and shall be deposited into the Plant Board Fund of the State Treasury.(c)(1) The department shall ascertain the market value of the materials from the manufacturers of fertilizer and fertilizer materials specified in this subchapter to be used in the manufacture of fertilizer and fertilizer materials and from other reliable sources. This determination shall be done to fix units of value on them to be used in determining the amount of damages due when the official analysis shows a deficiency from the guaranteed analysis as specified in this subchapter.(2) The board is authorized to cancel the present registration or refuse to register for the next season any fertilizer or fertilizer materials offered for sale by any manufacturer, jobber, or manipulator who fails or refuses to comply with this section.Amended by Act 2021, No. 557,§ 5, eff. 7/28/2021.Acts 1951, No. 106, § 3; 1957, No. 356, § 2; A.S.A. 1947, § 77-703.