RSA 431:8 · Plant Food Deficiency

431:8 Plant Food Deficiency. –

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I.

When the official analysis under RSA 431:7 shall show that a fertilizer is deficient in nitrogen, available phosphate, and/or soluble potash in accordance with the provisions of subparagraphs (a) and (b), then a penalty payment of 3 times the value of such deficiency shall be assessed. When a fertilizer is subject to a penalty payment under both (a) and (b), the larger penalty payment shall apply. A fertilizer is deficient when:

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(a)

One or more of its guaranteed primary plant nutrients are beyond the investigational allowances established by rule; or

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(b)

The overall index value of the fertilizer is below the level established by rule.

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II.

Penalty payments for deficiencies beyond the investigational allowances as established by rule for any other constituent covered under RSA 431:5, I(c)(2), which the registrant is required to or may guarantee, shall be evaluated and penalty payments prescribed by the commissioner.

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III.

All penalty payments assessed under this section shall be paid by the registrant to the commissioner within 3 months of receiving written notification from the commissioner of the penalty notice.

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IV.

Penalty payments received from the registrant shall be refunded to the consumer of the fertilizer which has been analyzed and found deficient, provided that the purchase is of one-half ton or more. Penalty payments on lots of fertilizer which have been analyzed and found deficient and whose purchaser cannot be found shall be deposited in the general fund as unrestricted revenue.

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V.

If, upon satisfactory evidence, a person is shown to have altered the content of a fertilizer shipped to such person by a registrant, or to have mixed or commingled fertilizer from 2 or more suppliers such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then that person shall become responsible for obtaining a registration and shall be held liable for all penalty payments and be subject to other provisions of this subdivision, including seizure, condemnation, and stop sale.

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VI.

A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action.

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VII.

Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction seeking judgment as to the justification of such penalty payments. Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996. 2023, 82:4, eff. Aug. 19, 2023.

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