RCW 15.54.380
Penalties for deficiencies upon analysis of commercial fertilizers—Appeal—Disposition of penalties.
(1) If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis in any one plant nutrient or in total nutrients, penalty shall be assessed in favor of the department in accordance with the following provisions:
(a) A penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than two percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed up to and including ten percent; a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than three percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed from ten and one-tenth percent to twenty percent; a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than four percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed twenty and one-tenth percent and above.
(b) A penalty of three times the commercial value of the total nutrient deficiency shall be assessed when such deficiency is more than two percent under the calculated total nutrient guarantee.
(c) When a commercial fertilizer is subject to penalty under both (a) and (b) of this subsection, only the larger penalty shall be assessed.
(2) All penalties assessed under this section on any one commercial fertilizer, represented by the sample analyzed, shall be paid to the department within three months after the date of notice from the department to the registrant or licensee. The department shall deposit the amount of the penalty into an account with the agricultural local fund.
(3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) of this section.
(4) The civil penalties payable in subsections (1) and (2) of this section shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant or licensee paying said civil penalties.
[ 1998 c 36 § 7; 1993 c 183 § 9; 1987 c 45 § 17; 1967 ex.s. c 22 § 26.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
Structure Revised Code of Washington
Title 15 - Agriculture and Marketing
Chapter 15.54 - Fertilizers, Minerals, and Limes.
15.54.275 - Bulk fertilizer distribution license—Fee.
15.54.325 - Commercial fertilizer registration—Required for distribution—Application—Fees.
15.54.330 - Commercial fertilizer registration—Application review—Labels and guarantees.
15.54.340 - Labeling requirements.
15.54.362 - Reports—Inspection fees—Late fees—Confidentiality—Penalty—Exception.
15.54.370 - Official samples—Inspection, analysis, testing—Right of entry.
15.54.400 - Restrictions on sale—Minimum percentages.
15.54.430 - Publication of distribution information, analyses results.
15.54.433 - Fertilizer database—Public availability—Biennial report to legislature.
15.54.450 - Noncompliance—Seizure—Disposition—Associated costs.
15.54.460 - Damages from administrative action, stop sales or seizures.
15.54.470 - Violations—Department discretion—Duty of prosecuting attorney—Injunctions.
15.54.474 - Penalty—Failure to comply with chapter or rule.
15.54.480 - Disposition of moneys.
15.54.490 - Cooperation with other entities.
15.54.500 - Turf fertilizer—Prohibitions on application, sales, and retail display.
15.54.800 - Enforcement of chapter—Adoption of rules.
15.54.910 - Prior liability preserved.
15.54.940 - Continuation of rules adopted pursuant to repealed sections.