Investigational Allowances and Penalties

(1) A commercial fertilizer shall be deemed deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the following values in 330 CMR 15.06(1) Table I, or if the overall index value of the fertilizer is below 98%: TABLE 1 Guarantee Nitrogen Available Phosphoric Potash percent percent Acid percent percent 4.00 or less 32.00 or more (2) Secondary and minor elements shall be deemed deficient if any element is below the guarantee by an amount exceeding the values in the following schedule, 330 CMR 15.06(2) Table 2: TABLE 2 Element Allowable Deficiency Calcium Magnesium Sulfur Boron Cobalt Molybdenum Chlorine Copper Iron Manganese Sodium Zinc The Maximum allowance when calculated in accordance to 330 CMR 15.06(2)Table 2 shall be 1 unit (1%). (3) For guarantees not listed in 330 CMR 15.06 Tables 1 or 2, the deficiency will be calculated using the same formula by interpolation. (4) The overall index value shall be calculated by comparing the commercial value guaranteed with the commercial value found. (5) A penalty of two times the commercial value of the deficiencies shall be assessed and paid to the consumer of the fertilizer within three months after the date of the assessment. If the consumer can not be found, the assessment shall be paid to the Commonwealth. The amount of the unit values of nutrients shall be set by the Department on a regular basis after surveying fertilizer prices in the Commonwealth, and a written list of the current unit values shall be maintained by the Department.