(a) Penalties.--The following penalties shall be assessed for deficiencies from the guaranteed analysis:
(1) A penalty payment of five times the commercial value of each deficiency shall be assessed when the analysis shows that a fertilizer is deficient if:
(i) one or more of its guaranteed primary plant nutrients is beyond a tolerance of 10% (two unit maximum); or
(ii) the overall index value of the primary nutrients in the fertilizer is below 97.
(2) When a fertilizer is subject to a penalty payment under paragraph (1)(i) and (ii), the larger penalty payment shall apply. Any penalty assessed shall not exceed the retail price of the lot of fertilizer represented by the official sample.
(3) Deficiencies beyond the tolerance as established by regulation in a component other than a primary nutrient shall be evaluated by the department and shall be subject to a penalty under this chapter.
(b) Payment of penalties.--Within 90 days following receipt of the official report of analysis, the guarantor shall pay to the consumer a deficiency penalty in the amount prescribed on the report of analysis. Receipts of payment shall be promptly forwarded by the guarantor to the department. If the consumer cannot be found, the penalties shall be paid to the department.
(c) Deficiencies in fertilizers.--A deficiency in an official sample of fertilizer resulting from nonuniformity shall not be deemed distinguishable from a deficiency due to actual plant nutrient shortage and shall be deemed a violation of this chapter for which the department may assess a penalty as provided for in this chapter.
Cross References. Section 6808 is referred to in section 6809 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 6803 - Registration of specialty fertilizers
Section 6804 - Components of fertilizer labeled for turf
Section 6805 - Labels and labeling
Section 6806 - Inspection fees
Section 6807 - Tonnage reports
Section 6808 - Plant nutrient deficiency
Section 6809 - Commercial value
Section 6812 - Application of fertilizer
Section 6813 - Application of fertilizer to turf
Section 6814 - Prohibited acts
Section 6815 - Agricultural and homeowner education
Section 6817 - Rules and regulations
Section 6819 - Refusal, suspension or revocation of registration or license
Section 6820 - Stop-sale orders
Section 6821 - Seizure and condemnation
Section 6822 - Unlawful conduct
Section 6823 - Inspection, sampling and analysis
Section 6824 - Interference with officer or employee of department
Section 6825 - Enforcement and penalties
Section 6828 - Cooperation with other entities
Section 6829 - Exchanges between manufacturers
Section 6830 - Confidentiality