Deficiency Penalties

PURPOSE: This rule delineates procedures to be followed in the assessment of penalties and in the disposition of deficient fertilizers. (1) The market value of fertilizer and fertilizer materials shall be expressed as a dollar value per unit and/or per pound of each primary plant nutrient for the purpose of determining the amount of penalty due when the official analysis shows an excessive deficiency from the guaranteed analysis and these established values shall be reviewed and distributed at least annually. In event the actual retail price is substantially higher than the value as calculated at the established rates, the penalty shall be based on the retail price. (2) Penalties shall be assessed on the quantity of fertilizer on hand when the sample is taken. Any lot subject to penalty may be required to be returned to the manufacturer and all costs involved in the return of this fertilizer found subject to penalty shall be deemed misbranded and subject to an order to stop sale. AUTHORITY: section 266.341.2, RSMo 1986.* This rule was previously filed as 2 CSR 15–3.010. Original rule filed Oct. 13, 1976, effective Jan. 13, 1977. *Original authority: 266.341, RSMo 1953, amended 1959.