Sec. 15.18.03.09. Fertilizer Penalty Policy

A. The penalties in B-----D of this regulation apply to a manufacturer or registrant for any deficiency or excess of a nutrient that the manufacturer or registrant is required to or may guarantee.

B. Primary Plant Nutrient.

(1) Violation. A manufacturer or registrant violates this chapter by distributing any commercial fertilizer that does not fall within the range of tolerances for a primary plant nutrient provided by the Tolerance Table in Regulation .08B(1) of this chapter.

(2) Penalty. For a violation of this section, a manufacturer or registrant is subject to a fine three times the commercial value, as published annually by the Secretary, of the nutrient deficiency in any lot analyzed.

C. Secondary Plant Nutrient or Micronutrient Deficiency or Excess.

(1) Calcium Carbonate.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer in which the basicity or acidity as equivalent of calcium carbonate differs more than 5 percent or 100 pounds of calcium carbonate equivalent per ton from the manufacturer's or registrant's guarantee.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of 50 cents per ton for each 50 pounds calcium carbonate equivalent that varies from the guarantee.

(2) Chloride.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if it is labeled or branded for use on tobacco, and the chloride content exceeds the maximum amount guaranteed by more than 0.5 of 1 percent.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty equal to 10 percent of the value of the fertilizer for each 0.5 of 1 percent of excess, or fraction of it.

(3) Total Magnesium.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if its magnesium content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.15 of 1 percent additional deficiency, or fraction of it.

(4) Total Calcium.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if its calcium content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.35 of 1 percent additional deficiency, or fraction of it.

(5) Sulfur.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer, including a mixed fertilizer branded for tobacco, if its sulfur content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.5 of 1 percent deficiency, or fraction of it.

D. Other Secondary Plant Nutrient or Micronutrient Deficiency or Excess.

(1) Violation. A manufacturer or registrant violates this chapter by distributing a commercial fertilizer that contains any other secondary plant nutrient or micronutrient not listed in this regulation that does not fall within the range of tolerances provided by the Tolerance Table in Regulation .08B(2) of this chapter.

(2) Penalty. For a violation of this chapter, a manufacturer or registrant is subject to a penalty of $5 for each secondary plant nutrient or micronutrient deficiency or excess up to a maximum of $10 a ton.