(1) Penalty for Nitrogen, Available Phosphoric Acid or Phosphorus and Potash or Potassium. — If the analysis shall show that commercial fertilizer is deficient in one or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by regulation, or if the overall index value of the fertilizer is below the level established by regulation, a penalty of three times the commercial value of such deficiency(ies) shall be assessed on each ton of fertilizer in the lot or shipment represented by the sample analyzed.
(2) Penalties for Other Deficiencies. — Deficiencies beyond the investigational allowances as established by regulation in any other constituent(s) covered under Section 75-47-5 paragraph (c)(1)B, C, and D, which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the commissioner and state chemist.
(3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of such penalties.
(4) All penalties assessed under this section shall be paid to the commissioner, who shall deposit the same in the state treasury.
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